Representative proposes statewide study of guardianship and conservatorship oversight after fraud and inconsistency concerns

Representative Brian Close (House District 65) introduced House Joint Resolution 26 to request an interim study of Montana—s guardianship and conservatorship system. Close told the committee the statutory framework for appointing guardians and conservators lacks standardized licensing, auditing and consistent reporting and that the gap creates risk for vulnerable adults and their assets.

Why the study: Close said guardians are often appointed after extensive court procedures but that follow-up oversight is limited. He cited cases in which professional fiduciaries or informal guardians improperly handled wards— assets and noted that local courts and county attorneys have limited capacity to audit every conservatorship. He told the committee that other states, including Oregon and Minnesota, audit conservatorships on a recurring schedule and that Montana should study whether similar models or licensing could work here.

Proponents: Trevor Tangen, bureau chief for Adult Protective Services at DPHHS, said APS manages guardianship for about 75 wards across 17 counties and supported a comprehensive interim review of resources, best practices and stakeholder input. Trent Bolger, executive director of Big Sky 55, urged support and related a family example in which a spouse had to hire counsel after unrelated relatives filed a conservatorship petition based on a form bought online.

Scope and next steps: Close asked the committee to advance HJ 26 so a working group can examine current rules, examine other states— models, and propose legislative options for licensing, auditing or other oversight reforms. Committee members expressed interest; no vote was recorded in the hearing transcript.