Cost of Guardianship in Montana: Filing Fees, Attorney Costs, and Ongoing Expenses
The honest answer: an uncontested guardianship in Montana costs $2,000-5,000 total, while a contested case can exceed $10,000. But the headline number obscures the real financial picture — ongoing costs continue for as long as the guardianship remains active.
Upfront Filing Costs
| Expense | Typical Cost | Notes |
|---|---|---|
| District Court filing fee | $100 | Standard across Yellowstone, Missoula, Gallatin, Flathead. Waivable for low-income petitioners |
| Affidavit of Inability to Pay (fee waiver) | $0 | Available if your parent receives Medicaid, SSI, or household income is low |
| Certified copies of Letters of Guardianship | $2-3 each | Get 5-10 copies for banks, medical facilities, care providers |
| Newspaper publication (if needed) | ~$200 | Required only when an interested party cannot be located |
| Process server or certified mail | $50-100 | For serving notice on all interested parties |
Total minimum filing costs (self-represented): $150-350
Attorney Fees
You're not required to have an attorney to file for guardianship in Montana — self-help forms are available at courts.mt.gov. But most families hire one, especially for:
- Contested cases (siblings disagree)
- Complex estates requiring both guardianship and conservatorship
- Situations where the parent is actively resisting
Montana elder law attorney rates: $195-500 per hour, depending on location and specialization. Billings and Missoula attorneys tend toward the higher end; rural practitioners may charge less.
Flat-fee packages: Some Montana attorneys offer flat fees for uncontested guardianships: $2,000-3,500 for a straightforward case. This typically covers petition drafting, court appearance, and issuance of Letters.
Court-appointed attorney for the ward: The court must appoint an attorney to represent your parent. If your parent cannot pay, this cost may be absorbed by the court or charged to the estate. If your parent has assets, expect $500-2,000 for the ward's attorney.
Professional Evaluation Costs
Court-appointed physician: Must examine your parent and file a capacity report. Cost varies by physician — typically $300-1,000 for the evaluation and report. Usually billed to the parent's estate or the petitioner.
Court Visitor: The independent evaluator who interviews all parties and inspects living arrangements. Costs vary by jurisdiction — some courts have volunteer visitors, others use paid professionals at $500-1,500 per evaluation.
These costs are often not disclosed upfront and surprise families. Ask the court clerk about local practices before filing.
Free Download
Get the Montana — Power of Attorney Quick-Start Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
Ongoing Annual Costs
This is where families underestimate the true financial burden:
Surety bond (conservatorship only): Required if you're managing your parent's estate. Annual premium is typically 1-3% of the bond face value. For a $100,000 estate, expect $1,000-3,000 per year in bond premiums.
Annual accounting preparation: If you hire an accountant to prepare the conservator's annual financial report, expect $500-1,500 per year depending on complexity.
Attorney fees for court hearings: If the court requires periodic review hearings, or if any interested party challenges your management, you'll need attorney representation at each hearing.
Report filing: Guardians must file annual status reports. While you can draft these yourself, some families hire attorneys to ensure compliance — $200-500 per filing.
Contested Guardianship Costs
When siblings disagree, or the parent's court-appointed attorney actively opposes guardianship, costs escalate dramatically:
- Multiple court hearings (each requiring attorney preparation and appearance)
- Expert witnesses (geriatric psychiatrists, neuropsychologists: $2,000-5,000 for testimony)
- Discovery and depositions if the case becomes adversarial
- Mediation attempts ($1,000-3,000 for a family mediation session)
Contested cases regularly cost $10,000-25,000 per side. In extreme cases with ongoing litigation, costs can reach $50,000+.
Fee Waiver Eligibility
If your parent (or you as petitioner) meets low-income criteria, you can request a fee waiver using the Affidavit of Inability to Pay Filing Fees. Eligibility indicators:
- Household income below 133% of federal poverty level
- Receipt of public benefits (Medicaid, SSI, SNAP, TANF)
- Current inability to pay basic living expenses after paying court fees
The waiver covers the $100 filing fee and may cover other court costs. It does not cover attorney fees or professional evaluations.
The Cost of Not Acting
Put guardianship costs in context: an aging parent without legal protection who is being financially exploited can lose tens of thousands of dollars. Nursing home costs in Montana average $306-322 per day — a month's delay in securing Medicaid eligibility costs $9,000+ in private-pay fees.
A power of attorney executed while your parent has capacity costs effectively nothing beyond a notary fee ($1-5). The $2,000-5,000 guardianship cost is what families pay for waiting too long.
The Montana Power of Attorney & Guardianship Kit helps you determine whether guardianship is necessary or whether less expensive alternatives — POA during lucid intervals, representative payee, supported decision-making — might work for your situation.
Get Your Free Montana — Power of Attorney Quick-Start Checklist
Download the Montana — Power of Attorney Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.