reglab/housing_qa huggingface dataset:
MT Code § 72-5-450 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 4. Protection of Property of Minors and Persons Under Disability|72-5-450. Production of protected person's other relevant estate plan documents

  72-5-450. Production of protected person's other relevant estate plan documents. (1) As used in this section, "estate plan of the protected person" includes but is not limited to:   (a) the protected person's will;   (b) any trust of which the protected person is the settlor or beneficiary;   (c) any power of appointment created by or exercisable by the protected person; and   (d) any contract, transfer, or joint ownership arrangement with provisions for payment or transfer of benefits or interests at the protected person's death to another or others that the protected person may have originated.   (2) Notwithstanding 26-1-803 or any case law relating to the attorney-client privilege, the court in its discretion may order that any person having possession of any document constituting all or part of the estate plan of the protected person shall deliver the document to the court for examination by the court and, in the discretion of the court, by the attorneys for the persons who have appeared in the proceedings under 72-5-444 through 72-5-450 in connection with the petition filed under 72-5-444 through 72-5-450.   (3) Unless the court otherwise orders, a person who examines any document produced pursuant to an order under this section may not disclose the contents of the document to any other person. If that disclosure is made, the court may adjudge the person making the disclosure to be in contempt of court.   (4) For good cause, the court may order that a document constituting all or part of the estate plan of the protected person, whether or not produced pursuant to an order under this section, must be delivered for safekeeping to the custodian designated by the court. The court may impose conditions that it determines are appropriate for holding and safeguarding the document. The court may authorize the conservator to take any action a depositor may take under Montana law.   History: En. Sec. 139, Ch. 264, L. 2013.
MT Code § 72-5-501 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 5. Powers of Attorney|72-5-501. When health care power of attorney not affected by disability

  72-5-501. When health care power of attorney not affected by disability. (1) A durable health care power of attorney is a power of attorney by which a principal designates another as the principal's attorney-in-fact or agent in writing and the writing contains the words, "This health care power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time" or "This health care power of attorney becomes effective upon the disability or incapacity of the principal" or similar words showing the intent of the principal that the authority conferred must be exercisable notwithstanding the principal's subsequent disability or incapacity and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.   (2) If a guardian is appointed for the principal, the attorney-in-fact or agent, during the continuance of the appointment, is accountable to the guardian as well as the principal. The guardian has the same power to revoke or amend the health care power of attorney that the principal would have had if the principal were not disabled or incapacitated. A principal may nominate, by a durable health care power of attorney, the guardian of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are later commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable health care power of attorney except for good cause or disqualification.   History: En. 91A-5-501 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-501; amd. Sec. 1, Ch. 283, L. 1985; amd. Sec. 24, Ch. 582, L. 1989; amd. Sec. 2439, Ch. 56, L. 2009; amd. Sec. 26, Ch. 109, L. 2011.
MT Code § 72-5-502 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 5. Powers of Attorney|72-5-502. Health care power of attorney not revoked until notice

  72-5-502. Health care power of attorney not revoked until notice. (1) The disability or incapacity of a principal who has previously executed a health care power of attorney that is not a durable health care power does not revoke or terminate the agency as to the attorney-in-fact or other person who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power.   (2) As to acts undertaken in good faith reliance on a health care power of attorney, an affidavit executed by the attorney-in-fact or agent stating that the attorney-in-fact or agent did not have, at the time of exercising the power, actual knowledge of the termination of the power by revocation or of the principal's disability or incapacity is proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable.   (3) This section does not affect any provision in a health care power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.   History: En. 91A-5-502 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-502; amd. Sec. 2, Ch. 283, L. 1985; amd. Sec. 2440, Ch. 56, L. 2009; amd. Sec. 27, Ch. 109, L. 2011.
MT Code § 72-5-601 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-601. Short title

  72-5-601. Short title. This part may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".   History: En. Sec. 1, Ch. 236, L. 2009.
MT Code § 72-5-602 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-602. Definitions

  72-5-602. Definitions. In this part, the following definitions apply:   (1) "Adult" means an individual who has attained 18 years of age.   (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under 53-20-141, 53-21-141, or Title 72, chapter 5, part 4.   (3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under Title 72, chapter 5, part 3.   (4) "Guardianship order" means an order appointing a guardian.   (5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.   (6) "Incapacitated person" means an adult for whom a guardian has been appointed.   (7) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.   (8) "Person", except in the term incapacitated person or protected person, means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.   (9) "Protected person" means an adult for whom a protective order has been issued.   (10) "Protective order" means an order appointing a conservator or other order related to management of an adult's property.   (11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.   (12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.   (13) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.   (14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.   History: En. Sec. 2, Ch. 236, L. 2009.
MT Code § 72-5-603 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-603. International application

  72-5-603. International application. A court of this state may treat a foreign country as if it were a state for the purpose of applying 72-5-601 through 72-5-606, 72-5-611 through 72-5-619, 72-5-624, 72-5-625, 72-5-636, and 72-5-637.   History: En. Sec. 3, Ch. 236, L. 2009.
MT Code § 72-5-604 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-604. Communication between courts

  72-5-604. Communication between courts. (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.   (2) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.   History: En. Sec. 4, Ch. 236, L. 2009.
MT Code § 72-5-605 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-605. Cooperation between courts

  72-5-605. Cooperation between courts. (1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:   (a) hold an evidentiary hearing;   (b) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;   (c) order that an evaluation or assessment be made of the respondent;   (d) order any appropriate investigation of a person involved in a proceeding;   (e) forward to the court of this state a certified copy of the transcript or other record of a hearing under subsection (1)(a) or any other proceeding, any evidence otherwise produced under subsection (1)(b), and any evaluation or assessment prepared in compliance with an order under subsection (1)(c) or (1)(d);   (f) issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;   (g) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. 164.504.   (2) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (1), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.   History: En. Sec. 5, Ch. 236, L. 2009.
MT Code § 72-5-606 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-606. Taking testimony in another state

  72-5-606. Taking testimony in another state. (1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.   (2) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.   (3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.   History: En. Sec. 6, Ch. 236, L. 2009.
MT Code § 72-5-607 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-607. through 72-5-610 reserved

  72-5-607 through 72-5-610 reserved.
MT Code § 72-5-611 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-611. Definitions -- significant connection factors

  72-5-611. Definitions -- significant connection factors. (1) In 72-5-611 through 72-5-619, the following definitions apply:   (a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.   (b) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian, or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months ending within the 6 months prior to the filing of the petition.   (c) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.   (2) In determining under 72-5-613 and 72-5-624(5) whether a respondent has a significant connection with a particular state, the court shall consider:   (a) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;   (b) the length of time the respondent at any time was physically present in the state and the duration of any absence;   (c) the location of the respondent's property; and   (d) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.   History: En. Sec. 7, Ch. 236, L. 2009.
MT Code § 72-5-612 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-612. Exclusive basis

  72-5-612. Exclusive basis. Sections 72-5-611 through 72-5-619 provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.   History: En. Sec. 8, Ch. 236, L. 2009.
MT Code § 72-5-613 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-613. Jurisdiction

  72-5-613. Jurisdiction. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:   (1) this state is the respondent's home state;   (2) on the date the petition is filed, this state is a significant-connection state and:   (a) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or   (b) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and before the court makes the appointment or issues the order:   (i) a petition for an appointment or order is not filed in the respondent's home state;   (ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and   (iii) the court in this state concludes that it is an appropriate forum under the factors set forth in 72-5-616;   (3) this state does not have jurisdiction under either subsection (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or   (4) the requirements for special jurisdiction under 72-5-614 are met.   History: En. Sec. 9, Ch. 236, L. 2009.
MT Code § 72-5-614 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-614. Special jurisdiction

  72-5-614. Special jurisdiction. (1) A court of this state lacking jurisdiction under 72-5-613(1) through (3) has special jurisdiction to do any of the following:   (a) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;   (b) issue a protective order with respect to real or tangible personal property located in this state;   (c) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to 72-5-624.   (2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.   History: En. Sec. 10, Ch. 236, L. 2009.
MT Code § 72-5-615 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-615. Exclusive and continuing jurisdiction

  72-5-615. Exclusive and continuing jurisdiction. Except as otherwise provided in 72-5-614, a court that has appointed a guardian or issued a protective order consistent with this part has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.   History: En. Sec. 11, Ch. 236, L. 2009.
MT Code § 72-5-616 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship|Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|72-5-616. Appropriate forum

  72-5-616. Appropriate forum. (1) A court of this state having jurisdiction under 72-5-613 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.   (2) If a court of this state declines to exercise its jurisdiction under subsection (1), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.   (3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:   (a) any expressed preference of the respondent;   (b) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;   (c) the length of time the respondent was physically present in or was a legal resident of this or another state;   (d) the distance of the respondent from the court in each state;   (e) the financial circumstances of the respondent's estate;   (f) the nature and location of the evidence;   (g) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;   (h) the familiarity of the court of each state with the facts and issues in the proceeding; and   (i) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.   History: En. Sec. 12, Ch. 236, L. 2009.