reglab/housing_qa huggingface dataset:
MT Code § 72-31-321 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-321. Judicial relief

  72-31-321. Judicial relief. (1) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:   (a) the principal or the agent;   (b) a guardian, conservator, or other fiduciary acting for the principal;   (c) a person authorized to make health care decisions for the principal;   (d) the principal's spouse, parent, or descendant;   (e) an individual who would qualify as a presumptive heir of the principal;   (f) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;   (g) a governmental agency having regulatory authority to protect the welfare of the principal;   (h) the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and   (i) a person asked to accept the power of attorney.   (2) Upon motion by the principal, the court shall dismiss a petition filed under this section unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.   History: En. Sec. 15, Ch. 109, L. 2011.
MT Code § 72-31-322 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-322. Agent's liability

  72-31-322. Agent's liability. An agent that violates this part is liable to the principal or the principal's successors in interest for the amount required to:   (1) restore the value of the principal's property to what it would have been had the violation not occurred; and   (2) reimburse the principal or the principal's successors in interest for the attorney fees and costs paid on the agent's behalf.   History: En. Sec. 16, Ch. 109, L. 2011.
MT Code § 72-31-323 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-323. Agent's resignation -- notice

  72-31-323. Agent's resignation -- notice. Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:   (1) to the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or   (2) if there is no person described in subsection (1), to:   (a) the principal's caregiver;   (b) another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or   (c) a governmental agency having authority to protect the welfare of the principal.   History: En. Sec. 17, Ch. 109, L. 2011.
MT Code § 72-31-324 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-324. Acceptance of and reliance upon acknowledged power of attorney

  72-31-324. Acceptance of and reliance upon acknowledged power of attorney. (1) For purposes of 72-31-325 and this section, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments.   (2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under 72-31-305 that the signature is genuine.   (3) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.   (4) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:   (a) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;   (b) an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and   (c) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.   (5) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than 7 business days after the power of attorney is presented for acceptance.   (6) For purposes of 72-31-325 and this section, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.   History: En. Sec. 18, Ch. 109, L. 2011.
MT Code § 72-31-325 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-325. Liability for refusal to accept acknowledged power of attorney

  72-31-325. Liability for refusal to accept acknowledged power of attorney. (1) Except as otherwise provided in subsection (2):   (a) a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under 72-31-324(4) no later than 7 business days after presentation of the power of attorney for acceptance;   (b) if a person requests a certification, a translation, or an opinion of counsel under 72-31-324(4), the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation, or opinion of counsel; and   (c) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.   (2) A person is not required to accept an acknowledged power of attorney if:   (a) the person is not otherwise required to engage in a transaction with the principal in the same circumstances;   (b) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;   (c) the person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;   (d) a request for a certification, a translation, or an opinion of counsel under 72-31-324(4) is refused;   (e) the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under 72-31-324(4) has been requested or provided; or   (f) the person makes or has actual knowledge that another person has made a report to the local office of the department of public health and human services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.   (3) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:   (a) a court order mandating acceptance of the power of attorney; and   (b) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.   History: En. Sec. 19, Ch. 109, L. 2011.
MT Code § 72-31-326 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-326. Principles of law and equity

  72-31-326. Principles of law and equity. Unless displaced by a provision of this part, the principles of law and equity supplement this part.   History: En. Sec. 20, Ch. 109, L. 2011.
MT Code § 72-31-327 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-327. Laws applicable to financial institutions and entities

  72-31-327. Laws applicable to financial institutions and entities. This part does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this part.   History: En. Sec. 21, Ch. 109, L. 2011.
MT Code § 72-31-328 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-328. Remedies under other law

  72-31-328. Remedies under other law. The remedies under this part are not exclusive and do not abrogate any right or remedy under the law of this state other than this part.   History: En. Sec. 22, Ch. 109, L. 2011.
MT Code § 72-31-329 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-329. through 72-31-335 reserved

  72-31-329 through 72-31-335 reserved.
MT Code § 72-31-336 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-336. Authority that requires specific grant -- grant of general authority

  72-31-336. Authority that requires specific grant -- grant of general authority. (1) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:   (a) create, amend, revoke, or terminate an inter vivos trust;   (b) make a gift;   (c) create or change rights of survivorship;   (d) create or change a beneficiary designation;   (e) delegate authority granted under the power of attorney;   (f) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;   (g) exercise fiduciary powers that the principal has authority to delegate; or   (h) disclaim property, including a power of appointment.   (2) Notwithstanding a grant of authority to do an act described in subsection (1), unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal may not exercise authority under a power of attorney to create in the agent or in an individual to whom the agent owes a legal obligation of support an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.   (3) Subject to subsections (1), (2), (4), and (5), if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in 72-31-339 through 72-31-351.   (4) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to 72-31-352.   (5) Subject to subsections (1), (2), and (4), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.   (6) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.   (7) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.   History: En. Sec. 23, Ch. 109, L. 2011.
MT Code § 72-31-337 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-337. Incorporation of authority

  72-31-337. Incorporation of authority. (1) An agent has authority described in 72-31-336, 72-31-339 through 72-31-352, and this section if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in 72-31-339 through 72-31-352 or cites the section in which the authority is described.   (2) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in 72-31-339 through 72-31-352 or a citation to a section of 72-31-339 through 72-31-352 incorporates the entire section as if it were set out in full in the power of attorney.   (3) A principal may modify authority incorporated by reference.   History: En. Sec. 24, Ch. 109, L. 2011.
MT Code § 72-31-338 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-338. Construction of authority generally

  72-31-338. Construction of authority generally. Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates a subject described in 72-31-339 through 72-31-352 or that grants to an agent authority to do all acts that a principal could do pursuant to 72-31-336(3), a principal authorizes the agent, with respect to that subject, to:   (1) demand, receive, and obtain, by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled and conserve, invest, disburse, or use anything so received for the purposes intended;   (2) contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;   (3) execute, acknowledge, seal, file, and record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;   (4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;   (5) seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized by the power of attorney;   (6) engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;   (7) prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;   (8) communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality on behalf of the principal;   (9) access communications intended for and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and   (10) do any other lawful act with respect to the subject and all property related to the subject.   History: En. Sec. 115, Ch. 494, L. 1993; amd. Sec. 29, Ch. 109, L. 2011; Sec. 72-31-223, MCA 2009; redes. 72-31-338 by Code Commissioner, 2011.
MT Code § 72-31-340 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-340. Tangible personal property

  72-31-340. Tangible personal property. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:   (1) demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;   (2) sell, exchange, convey with or without covenants, representations, or warranties, quitclaim, release, surrender, create a security interest in, grant options concerning, lease, sublease, or otherwise dispose of tangible personal property or an interest in tangible personal property;   (3) grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;   (4) release, assign, satisfy, or enforce, by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal with respect to tangible personal property or an interest in tangible personal property;   (5) manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:   (a) insuring against liability or casualty or other loss;   (b) obtaining or regaining possession or protecting the property or interest, by litigation or otherwise;   (c) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;   (d) moving the property from place to place;   (e) storing the property for hire or on a gratuitous bailment; and   (f) using and making repairs, alterations, or improvements to the property; and   (6) change the form of title of an interest in tangible personal property.   History: En. Sec. 3, Ch. 580, L. 1991; amd. Sec. 117, Ch. 494, L. 1993; Sec. 72-31-203, MCA 1991; redes. 72-31-225 by Code Commissioner, 1993; amd. Sec. 31, Ch. 109, L. 2011; Sec. 72-31-225, MCA 2009; redes. 72-31-340 by Code Commissioner, 2011.
MT Code § 72-31-341 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-341. Stocks and bonds

  72-31-341. Stocks and bonds. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:   (1) buy, sell, and exchange stocks and bonds;   (2) establish, continue, modify, or terminate an account with respect to stocks and bonds;   (3) pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;   (4) receive certificates and other evidences of ownership with respect to stocks and bonds; and   (5) exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.   History: En. Sec. 4, Ch. 580, L. 1991; amd. Sec. 118, Ch. 494, L. 1993; Sec. 72-31-204, MCA 1991; redes. 72-31-226 by Code Commissioner, 1993; amd. Sec. 32, Ch. 109, L. 2011; Sec. 72-31-226, MCA 2009; redes. 72-31-341 by Code Commissioner, 2011.
MT Code § 72-31-342 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-342. Commodities and options

  72-31-342. Commodities and options. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:   (1) buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and   (2) establish, continue, modify, and terminate option accounts.   History: En. Sec. 119, Ch. 494, L. 1993; amd. Sec. 33, Ch. 109, L. 2011; Sec. 72-31-227, MCA 2009; redes. 72-31-342 by Code Commissioner, 2011.
MT Code § 72-31-343 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 3. Uniform Power of Attorney Act|72-31-343. Banks and other financial institutions

  72-31-343. Banks and other financial institutions. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:   (1) continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;   (2) establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;   (3) contract for services available from a financial institution, including renting a safe deposit box or space in a vault;   (4) withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;   (5) receive statements of account, vouchers, notices, and similar documents from a financial institution and to act with respect to them;   (6) enter a safe deposit box or vault and withdraw or add to the contents;   (7) borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;   (8) make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;   (9) receive for the principal and act upon a sight draft, warehouse receipt, other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;   (10) apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and   (11) consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.   History: En. Sec. 5, Ch. 580, L. 1991; amd. Sec. 120, Ch. 494, L. 1993; Sec. 72-31-205, MCA 1991; redes. 72-31-228 by Code Commissioner, 1993; amd. Sec. 34, Ch. 109, L. 2011; Sec. 72-31-228, MCA 2009; redes. 72-31-343 by Code Commissioner, 2011.