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 › 72-31-339. Real property

72-31-339. Real property.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:
(1) demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;
(2) sell, exchange, convey, with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;
(3) pledge or mortgage an interest in real property or right incident to real 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 mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property that exists or is asserted;
(5) manage or conserve an interest in real property or a right incident to real property, owned or claimed to be owned by the principal, including:
(a) insuring against a liability or casualty or other loss;
(b) obtaining or regaining possession or protecting the interest or right, by litigation or otherwise;
(c) paying, assessing, compromising, or contesting taxes or assessments, or applying for and receiving refunds in connection with them; and
(d) purchasing supplies, hiring assistance or labor, and making repairs or alterations in the real property;
(6) use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has or claims to have an interest or right;
(7) participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:
(a) selling or otherwise disposing of them;
(b) exercising or selling an option, right of conversion, or similar right with respect to them; and
(c) exercising any voting rights in person or by proxy;
(8) change the form of title of an interest in or right incident to real property; and
(9) dedicate to public use, with or without consideration, easements or other real property in which the principal has or claims to have an interest.
History: En. Sec. 2, Ch. 580, L. 1991; amd. Sec. 116, Ch. 494, L. 1993; Sec. 72-31-202, MCA 1991; redes. 72-31-224 by Code Commissioner, 1993; amd. Sec. 30, Ch. 109, L. 2011; Sec. 72-31-224, MCA 2009; redes. 72-31-339 by Code Commissioner, 2011.