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House study proposed on guardianship, conservatorship oversight after testimony on abuse and inconsistent reporting
Summary
Representative Brian Close introduced HJ 26 to study the state’s guardianship and conservatorship system, citing cases of fiduciary abuse and inconsistent annual reporting. Adult Protective Services and aging-advocacy groups supported a due-pass study resolution.
Representative Brian Close opened House Joint Resolution 26 to request an interim study of Montana’s guardianship and conservatorship system, citing examples of inadequate post-appointment oversight, inconsistent reporting and cases of fiduciary abuse.
Witnesses supporting the study included Trevor Tangen (bureau chief, Adult Protective Services, DPHHS), who said APS administers guardianship for 75 wards across 17 counties and described inconsistent judicial expectations about annual reports and financial accountings. Trent Bulger (Big Sky 55) recounted a family conservatorship dispute that cost thousands of dollars and used the example to argue for statewide standardization, potential licensing or audit regimes and study of other states’ practices such as Oregon and Minnesota.
Representative Close said Montana currently has no standardized training, licensing or auditing of guardians and conservators, and he introduced the study to explore best practices and resource needs. The committee took proponent testimony and did not take a vote during the hearing.
Next steps: the committee agreed to consider HJ 26 and discuss executive action on the legislative calendar.
