reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 30. Management of Institutional Funds › Part 2. Management of Funds › 72-30-213. Relation to Electronic Signatures in Global and National Commerce Act

72-30-213. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the 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. 10, Ch. 421, L. 2007; amd. Sec. 33, Ch. 3, L. 2019.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 1. General › 72-31-101. Oath in behalf of corporation acting as fiduciary

72-31-101. Oath in behalf of corporation acting as fiduciary.
In all matters in which a corporation is authorized to act as trustee, guardian, executor, administrator, or in any fiduciary capacity and an oath of office is required, it is proper for an officer of the corporation to take the required oath for and on behalf of the officer's corporation and the corporation becomes subject to the laws relating to individuals in similar matters so far as those laws may be applied to a corporation.
History: En. Sec. 1, Ch. 15, L. 1905; re-en. Sec. 7194, Rev. C. 1907; re-en. Sec. 9828, R.C.M. 1921; re-en. Sec. 9828, R.C.M. 1935; R.C.M. 1947, 93-8713; amd. Sec. 2475, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 1. General › 72-31-102. Investment by fiduciaries in home owners' loan corporation bonds authorized

72-31-102. Investment by fiduciaries in home owners' loan corporation bonds authorized.
Notwithstanding any other provision of law, it is lawful for any executor, administrator, guardian or conservator, trustee, or other fiduciary to invest the funds or money in the person's custody or possession, eligible for investment, in bonds of the home owners' loan corporation or debentures issued by the federal housing administrator, guaranteed as to principal and interest by the United States government.
History: En. Sec. 1, Ch. 5, Ex. L. 1933; amd. Sec. 1, Ch. 37, L. 1935; re-en. Sec. 5309.35, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1937; R.C.M. 1947, 35-142(part); amd. Sec. 2476, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 1. General › 72-31-103. Validation of fiduciary sales

72-31-103. Validation of fiduciary sales.
All sales, provided no action is pending on July 1, 1973, to set aside such deed or conveyance, by trustees, executors, administrators, and guardians which previous to January 1, 1973, were made to purchasers for a valuable consideration, which consideration has been paid by such purchasers in good faith, and such sales shall not have been set aside by the district or probate court having jurisdiction thereof, shall be sufficient to sustain a trustee's, executor's, administrator's, or guardian's deed or conveyance to such purchaser and, in case such deed or conveyance shall not have been given, shall entitle such purchaser to such deed or conveyance; and such deed or conveyance, if executed on July 1, 1973, or when executed, shall be sufficient to convey to such purchaser all the title that such beneficiary, decedent, or ward had in said real or personal property; and all irregularities in obtaining the order of the court for such sale and all irregularities or defects in making or conducting such sale by said trustee, executor, administrator, or guardian shall be disregarded, and such sale shall not be invalidated by reason of any such defect or irregularity.
History: En. Sec. 1, Ch. 81, L. 1973; R.C.M. 1947, 91-4328.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-201. Repealed

72-31-201. Repealed.
Sec. 49, Ch. 109, L. 2011.
History: En. Sec. 1, Ch. 580, L. 1991; amd. Sec. 113, Ch. 494, L. 1993; amd. Sec. 94, Ch. 51, L. 1999; amd. Sec. 1, Ch. 159, L. 2005.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-202. Renumbered 72-31-224

72-31-202. Renumbered 72-31-224.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-203. Renumbered 72-31-225

72-31-203. Renumbered 72-31-225.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-204. Renumbered 72-31-226

72-31-204. Renumbered 72-31-226.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-205. Renumbered 72-31-228

72-31-205. Renumbered 72-31-228.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-206. Renumbered 72-31-229

72-31-206. Renumbered 72-31-229.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-207. Renumbered 72-31-230

72-31-207. Renumbered 72-31-230.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-208. Renumbered 72-31-231

72-31-208. Renumbered 72-31-231.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-209. Repealed

72-31-209. Repealed.
Sec. 134, Ch. 494, L. 1993.
History: En. Sec. 9, Ch. 580, L. 1991.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-210. Repealed

72-31-210. Repealed.
Sec. 134, Ch. 494, L. 1993.
History: En. Sec. 10, Ch. 580, L. 1991.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-211. Renumbered 72-31-232

72-31-211. Renumbered 72-31-232.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-212. Renumbered 72-31-233

72-31-212. Renumbered 72-31-233.
Code Commissioner, 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-213. Repealed

72-31-213. Repealed.
Sec. 134, Ch. 494, L. 1993.
History: En. Sec. 13, Ch. 580, L. 1991.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-214. Repealed

72-31-214. Repealed.
Sec. 134, Ch. 494, L. 1993.
History: En. Sec. 14, Ch. 580, L. 1991.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-215. Repealed

72-31-215. Repealed.
Sec. 134, Ch. 494, L. 1993.
History: En. Sec. 15, Ch. 580, L. 1991.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-216. Repealed

72-31-216. Repealed.
Sec. 134, Ch. 494, L. 1993.
History: En. Sec. 16, Ch. 580, L. 1991.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-217. through 72-31-221 reserved

72-31-217 through 72-31-221 reserved.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-222. Renumbered 72-31-304

72-31-222. Renumbered 72-31-304.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-223. Renumbered 72-31-338

72-31-223. Renumbered 72-31-338.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-224. Renumbered 72-31-339

72-31-224. Renumbered 72-31-339.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-225. Renumbered 72-31-340

72-31-225. Renumbered 72-31-340.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-226. Renumbered 72-31-341

72-31-226. Renumbered 72-31-341.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-227. Renumbered 72-31-342

72-31-227. Renumbered 72-31-342.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-228. Renumbered 72-31-343

72-31-228. Renumbered 72-31-343.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-229. Renumbered 72-31-344

72-31-229. Renumbered 72-31-344.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-230. Renumbered 72-31-345

72-31-230. Renumbered 72-31-345.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-231. Renumbered 72-31-346

72-31-231. Renumbered 72-31-346.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-232. Renumbered 72-31-347

72-31-232. Renumbered 72-31-347.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-233. Renumbered 72-31-348

72-31-233. Renumbered 72-31-348.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-234. Renumbered 72-31-349

72-31-234. Renumbered 72-31-349.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-235. Renumbered 72-31-350

72-31-235. Renumbered 72-31-350.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-236. Renumbered 72-31-351

72-31-236. Renumbered 72-31-351.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-237. Repealed

72-31-237. Repealed.
Sec. 49, Ch. 109, L. 2011.
History: En. Sec. 129, Ch. 494, L. 1993.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed) › 72-31-238. Renumbered 72-31-365

72-31-238. Renumbered 72-31-365.
Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-301. Short title

72-31-301. Short title.
This part may be cited as the "Uniform Power of Attorney Act".
History: En. Sec. 1, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-303. Applicability

72-31-303. Applicability.
This part applies to all powers of attorney except:
(1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2) a power to make health care decisions;
(3) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
(4) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
History: En. Sec. 3, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-304. Power of attorney is durable

72-31-304. Power of attorney is durable.
A power of attorney created under this part is durable unless it expressly provides that it is terminated by the incapacity of the principal.
History: En. Sec. 114, Ch. 494, L. 1993; amd. Sec. 28, Ch. 109, L. 2011; Sec. 72-31-222, MCA 2009; redes. 72-31-304 by Code Commissioner, 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-305. Execution of power of attorney

72-31-305. Execution of power of attorney.
A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
History: En. Sec. 4, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-306. Validity of power of attorney

72-31-306. Validity of power of attorney.
(1) A power of attorney executed in this state on or after October 1, 2011, is valid if its execution complies with 72-31-305.
(2) A power of attorney executed in this state before October 1, 2011, is valid if its execution complied with the law of this state as it existed at the time of execution.
(3) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(a) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to 72-31-307; or
(b) the requirements for a military power of attorney pursuant to 10 U.S.C. 1044b.
(4) Except as otherwise provided by statute other than this part, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
History: En. Sec. 5, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-307. Meaning and effect of power of attorney

72-31-307. Meaning and effect of power of attorney.
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
History: En. Sec. 6, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-308. Nomination of conservator or guardian -- relation of agent to court-appointed fiduciary

72-31-308. Nomination of conservator or guardian -- relation of agent to court-appointed fiduciary.
(1) In a power of attorney, a principal may nominate a conservator or guardian of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
(2) If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.
History: En. Sec. 7, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-309. When power of attorney effective

72-31-309. When power of attorney effective.
(1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(3) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(a) a physician that the principal is incapacitated within the meaning of 72-31-302(5)(a); or
(b) an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of 72-31-302(5)(b).
(4) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act of 1996, sections 1171 through 1179 of the Social Security Act, 42 U.S.C. 1320d, et seq., and applicable regulations to obtain access to the principal's health care information and communicate with the principal's health care provider.
History: En. Sec. 8, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-310. Termination of power of attorney or agent's authority

72-31-310. Termination of power of attorney or agent's authority.
(1) A power of attorney terminates when:
(a) the principal dies;
(b) the principal becomes incapacitated if the power of attorney is not durable;
(c) the principal revokes the power of attorney;
(d) the power of attorney provides that it terminates;
(e) the purpose of the power of attorney is accomplished; or
(f) the principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns and the power of attorney does not provide for another agent to act under the power of attorney.
(2) An agent's authority terminates when:
(a) the principal revokes the authority;
(b) the agent dies, becomes incapacitated, or resigns;
(c) an action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation unless the power of attorney otherwise provides; or
(d) the power of attorney terminates.
(3) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (2), notwithstanding a lapse of time since the execution of the power of attorney.
(4) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(5) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
History: En. Sec. 9, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-316. Coagents or successor agents

72-31-316. Coagents or successor agents.
(1) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently.
(2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:
(a) has the same authority as that granted to the original agent; and
(b) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(3) Except as otherwise provided in the power of attorney and subsection (4), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(4) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken the action.
History: En. Sec. 10, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-317. Reimbursement and compensation of agent

72-31-317. Reimbursement and compensation of agent.
Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.
History: En. Sec. 11, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-318. Agent's acceptance

72-31-318. Agent's acceptance.
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
History: En. Sec. 12, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 3. Uniform Power of Attorney Act › 72-31-320. Exoneration of agent

72-31-320. Exoneration of agent.
A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:
(1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
History: En. Sec. 14, Ch. 109, L. 2011.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.