In Re the Guardianship of H.O., 337 P.3d 91

L.S.P. filed for guardianship and conservatorship of her father H.O. in Flathead County in Nov 2012; H.O. was then a Flathead resident but moved to Missoula County in Dec 2012.
Temporary guardians/conservators were appointed (L.S.P. March 2013; J.O. added Oct 2013); permanent appointment remained disputed among H.O.’s children (L.S.P., J.O., K.A.K., D.D.T.).
On Jan 31, 2014, L.S.P. moved to transfer venue to Missoula County; J.O. opposed; H.O. (through counsel) did not oppose.
The District Court granted the motion and ordered venue transferred to the Fourth Judicial District (Missoula) on Feb 18, 2014.
K.A.K., D.D.T., and J.O. appealed the transfer order to the Montana Supreme Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Is the venue-transfer order appealable?	L.S.P.: order is not appealable because it did not rule that the designated county was improper	Appellants: it was a final order changing venue on basis county was improper	Court: Yes — order concluded Missoula was the statutorily required venue and is appealable under M. R. App. P. 6(3)(f)
2. Was transfer to Missoula erroneous?	Appellants: Flathead was proper because court had personal jurisdiction; transfer was untimely (over a year after filing)	L.S.P.: transfer was permissible under § 72-1-203(3) as Missoula became proper venue when H.O. moved	Court: No error — transfer was discretionary under § 72-1-203(3) and not an abuse of discretion; timing not constrained by statute

Gaustad v. City of Columbus, 265 Mont. 379, 877 P.2d 470 (use of “may” generally denotes permissive/discretionary authority)
State v. Swann, 337 Mont. 326, 160 P.3d 511 (2007) (when public interest exists, “may” can be imperative; contrasting principle)
In re Support Obligation of McGurran, 310 Mont. 268, 49 P.3d 626 (venue is a personal privilege; venue and jurisdiction are distinct)
BNSF Ry. Co. v. State ex rel. Dep’t of Envtl. Quality, 355 Mont. 296, 228 P.3d 1115 (standard of review for discretionary decisions)
State v. Price, 331 Mont. 502, 134 P.3d 45 (definition of abuse of discretion standard)