reglab/housing_qa huggingface dataset:
MT Code § 72-31-345 (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|72-31-345. Insurance and annuities

  72-31-345. Insurance and annuities. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:   (1) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;   (2) procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents and select the amount, type of insurance or annuity, and mode of payment;   (3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;   (4) apply for and receive a loan secured by a contract of insurance or annuity;   (5) surrender and receive the cash surrender value on a contract of insurance or annuity;   (6) exercise an election;   (7) exercise investment power available under a contract of insurance or annuity;   (8) change the manner of paying premiums on a contract of insurance or annuity;   (9) change or convert the type of insurance or annuity with respect to which the principal has or claims to have a power described in this section;   (10) apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;   (11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity; and   (12) pay from proceeds or otherwise, compromise or contest, and apply for refunds in connection with a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.   History: En. Sec. 7, Ch. 580, L. 1991; amd. Sec. 122, Ch. 494, L. 1993; Sec. 72-31-207, MCA 1991; redes. 72-31-230 by Code Commissioner, 1993; amd. Sec. 36, Ch. 109, L. 2011; Sec. 72-31-230, MCA 2009; redes. 72-31-345 by Code Commissioner, 2011.
MT Code § 72-31-346 (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|72-31-346. Estates, trusts, and other beneficial interests

  72-31-346. Estates, trusts, and other beneficial interests. (1) In this section, "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be entitled to a share or payment.   (2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to an estate, trust, or other beneficial interest authorizes the agent to:   (a) accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from the fund;   (b) demand or obtain money or another thing of value to which the principal is, may become, or claims to be entitled by reason of the fund, by litigation or otherwise;   (c) exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;   (d) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;   (e) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;   (f) conserve, invest, disburse, or use anything received for an authorized purpose; and   (g) transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor.   History: En. Sec. 8, Ch. 580, L. 1991; amd. Sec. 123, Ch. 494, L. 1993; Sec. 72-31-208, MCA 1991; redes. 72-31-231 by Code Commissioner, 1993; amd. Sec. 37, Ch. 109, L. 2011; Sec. 72-31-231, MCA 2009; redes. 72-31-346 by Code Commissioner, 2011.
MT Code § 72-31-347 (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|72-31-347. Claims and litigation

  72-31-347. Claims and litigation. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:   (1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;   (2) bring an action to determine adverse claims or intervene or otherwise participate in litigation;   (3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;   (4) make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;   (5) submit to alternative dispute resolution, settle, and propose or accept a compromise;   (6) waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, and receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;   (7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value;   (8) pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and   (9) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.   History: En. Sec. 11, Ch. 580, L. 1991; amd. Sec. 124, Ch. 494, L. 1993; Sec. 72-31-211, MCA 1991; redes. 72-31-232 by Code Commissioner, 1993; amd. Sec. 38, Ch. 109, L. 2011; Sec. 72-31-232, MCA 2009; redes. 72-31-347 by Code Commissioner, 2011.
MT Code § 72-31-349 (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|72-31-349. Benefits from governmental programs or civil or military service

  72-31-349. Benefits from governmental programs or civil or military service. (1) In this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation, including social security, medicare, and medicaid.   (2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:   (a) execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in 72-31-348(1)(a), and for shipment of their household effects;   (b) take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;   (c) enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;   (d) prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled to receive under a statute or regulation;   (e) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and   (f) receive the financial proceeds of a claim described in subsection (2)(d) and conserve, invest, disburse, or use for a lawful purpose anything so received.   History: En. Sec. 126, Ch. 494, L. 1993; amd. Sec. 40, Ch. 109, L. 2011; Sec. 72-31-234, MCA 2009; redes. 72-31-349 by Code Commissioner, 2011.
MT Code § 72-31-350 (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|72-31-350. Retirement plans

  72-31-350. Retirement plans. (1) In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:   (a) an individual retirement account under section 408 of the Internal Revenue Code, 26 U.S.C. 408;   (b) a Roth individual retirement account under section 408A of the Internal Revenue Code, 26 U.S.C. 408A;   (c) a deemed individual retirement account under section 408(q) of the Internal Revenue Code, 26 U.S.C. 408(q);   (d) an annuity or mutual fund custodial account under section 403(b) of the Internal Revenue Code, 26 U.S.C. 403(b);   (e) a pension, profit-sharing, stock bonus, or other retirement plan qualified under section 401(a) of the Internal Revenue Code, 26 U.S.C. 401(a);   (f) a deferred compensation plan under section 457(b) of the Internal Revenue Code, 26 U.S.C. 457(b); and   (g) a nonqualified deferred compensation plan under section 409A of the Internal Revenue Code, 26 U.S.C. 409A.   (2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:   (a) select the form and timing of payments under a retirement plan and withdraw benefits from a plan;   (b) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;   (c) establish a retirement plan in the principal's name;   (d) make contributions to a retirement plan;   (e) exercise investment powers available under a retirement plan; and   (f) borrow from, sell assets to, and purchase assets from a retirement plan.   History: En. Sec. 127, Ch. 494, L. 1993; amd. Sec. 41, Ch. 109, L. 2011; Sec. 72-31-235, MCA 2009; redes. 72-31-350 by Code Commissioner, 2011.
MT Code § 72-31-351 (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|72-31-351. Taxes

  72-31-351. Taxes. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:   (1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under section 2032A of the Internal Revenue Code, 26 U.S.C. 2032A, closing agreements, and any power of attorney required by the internal revenue service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;   (2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the internal revenue service or other taxing authority;   (3) exercise any election available to the principal under federal, state, local, or foreign tax law; and   (4) act for the principal in all tax matters for all periods before the internal revenue service or other taxing authority.   History: En. Sec. 128, Ch. 494, L. 1993; amd. Sec. 42, Ch. 109, L. 2011; Sec. 72-31-236, MCA 2009; redes. 72-31-351 by Code Commissioner, 2011.
MT Code § 72-31-352 (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|72-31-352. Gifts

  72-31-352. Gifts. (1) In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, Title 72, chapter 26, and a tuition savings account or prepaid tuition plan under section 529 of the Internal Revenue Code, 26 U.S.C. 529.   (2) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:   (a) make outright to or for the benefit of a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under section 2503(b) of the Internal Revenue Code, 26 U.S.C. 2503(b), without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to section 2513 of the Internal Revenue Code, 26 U.S.C. 2513, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and   (b) consent, pursuant to section 2513 of the Internal Revenue Code, 26 U.S.C. 2513, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.   (3) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including:   (a) the value and nature of the principal's property;   (b) the principal's foreseeable obligations and need for maintenance;   (c) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;   (d) eligibility for a benefit, a program, or assistance under a statute or regulation; and   (e) the principal's personal history of making or joining in making gifts.   History: En. Sec. 43, Ch. 109, L. 2011.
MT Code § 72-31-354 (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|72-31-354. Agent's certification

  72-31-354. Agent's certification. The following optional form may be used by an agent to certify facts concerning a power of attorney.   AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY   State of .....................................   County of......................................   I, ............................................ (Name of Agent), certify under penalty of perjury that ......................(Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ..........................   I further certify that to my knowledge:   (1) the principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated;   (2) if the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;   (3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and   (4) .................................................................   (Insert other relevant statements)   SIGNATURE AND ACKNOWLEDGMENT   .................     .....   Agent's Signature     Date   ................................   Agent's Name Printed   ................................   Agent's Address   ..................................   Agent's Telephone Number   This document was acknowledged before me on.............,   (Date)   by..................................   (Name of Agent) ............................... (Seal, if any)   Signature of Notary   My commission expires: ........................   This document prepared by:   ..............................................................   History: En. Sec. 45, Ch. 109, L. 2011.
MT Code § 72-31-355 (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|72-31-355. through 72-31-364 reserved

  72-31-355 through 72-31-364 reserved.
MT Code § 72-31-365 (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|72-31-365. Uniformity of application and construction

  72-31-365. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.   History: En. Sec. 130, Ch. 494, L. 1993; amd. Sec. 46, Ch. 109, L. 2011; Sec. 72-31-238, MCA 2009; redes. 72-31-365 by Code Commissioner, 2011.
MT Code § 72-31-366 (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|72-31-366. Relation to Electronic Signatures in Global and National Commerce Act

  72-31-366. Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).   History: En. Sec. 47, Ch. 109, L. 2011.
MT Code § 72-31-367 (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|72-31-367. Effect on existing powers of attorney

  72-31-367. Effect on existing powers of attorney. Except as otherwise provided in this part, on October 1, 2011:   (1) this part applies to a power of attorney created before, on, or after October 1, 2011, unless it is a health care power of attorney;   (2) this part applies to a judicial proceeding concerning a power of attorney commenced on or after October 1, 2011, unless it is a health care power of attorney;   (3) this part applies to a judicial proceeding concerning a power of attorney commenced before October 1, 2011, unless the court finds that application of a provision of this part would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and   (4) an act done before October 1, 2011, is not affected by this part.   History: En. Sec. 48, Ch. 109, L. 2011.
MT Code § 72-31-401 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-401. Short title

  72-31-401. Short title. This part may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act".   History: En. Sec. 1, Ch. 286, L. 2017.
MT Code § 72-31-403 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-403. User direction for disclosure of digital assets

  72-31-403. User direction for disclosure of digital assets. (1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.   (2) If a user has not used an online tool to give direction under subsection (1) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.   (3) A user's direction under subsection (1) or (2) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.   History: En. Sec. 3, Ch. 286, L. 2017.
MT Code § 72-31-404 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 4. Revised Uniform Fiduciary Access to Digital Assets Act|72-31-404. Terms-of-service agreement

  72-31-404. Terms-of-service agreement. (1) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.   (2) This part does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.   (3) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under 72-31-403.   History: En. Sec. 4, Ch. 286, L. 2017.