reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 73. Silicosis Benefits › Part 1. General Provisions › 39-73-104. Eligibility requirements for benefits

39-73-104. Eligibility requirements for benefits.
Payment must be made under this chapter to any person who:
(1) has silicosis, as defined in 39-73-101, that results in the person's total disability so as to render it impossible for the person to follow continuously any substantially gainful occupation;
(2) has resided in and been an inhabitant of the state of Montana for 10 years or more immediately preceding the date of the application;
(3) is not receiving, with respect to any month for which the person would receive a payment under this chapter, compensation under 39-71-715 equal to the sum of $350.
History: En. Sec. 3, Part 9, Ch. 82, L. 1937, as added by Sec. 1, Ch. 5, L. 1941; amd. Sec. 1, Ch. 68, L. 1945; amd. Sec. 1, Ch. 216, L. 1947; amd. Sec. 1, Ch. 192, L. 1949; amd. Sec. 1, Ch. 42, L. 1953; amd. Sec. 1, Ch. 252, L. 1955; amd. Sec. 1, Ch. 3, L. 1961; amd. Sec. 3, Ch. 225, L. 1961; amd. Sec. 1, Ch. 267, L. 1965; amd. Sec. 1, Ch. 125, L. 1967; amd. Sec. 1, Ch. 260, L. 1969; amd. Sec. 1, Ch. 105, L. 1971; amd. Sec. 2, Ch. 360, L. 1971; amd. Sec. 1, Ch. 504, L. 1973; R.C.M. 1947, 71-1003(part); amd. Sec. 2, Ch. 559, L. 1981; amd. Sec. 33, Ch. 416, L. 2005; amd. Sec. 3, Ch. 474, L. 2005; amd. Sec. 3, Ch. 232, L. 2007; amd. Sec. 58, Ch. 2, L. 2009; amd. Sec. 25, Ch. 112, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 73. Silicosis Benefits › Part 1. General Provisions › 39-73-105. Application for payment

39-73-105. Application for payment.
Application for payment under this chapter must be made by the person seeking the payment to the department of labor and industry. The application must be in writing or reduced to writing in the manner and upon the form prescribed by the department. The application form may be filled in and written by a person authorized by the department. If the applicant is unable to sign the applicant's name on the application, a witnessed mark may be used.
History: En. Sec. 5, Part 9, Ch. 82, L. 1937, as added by Sec. 1, Ch. 5, L. 1941; amd. Sec. 5, Ch. 225, L. 1961; amd. Sec. 40, Ch. 182, L. 1975; R.C.M. 1947, 71-1005; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1554, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 73. Silicosis Benefits › Part 1. General Provisions › 39-73-106. Investigation of applications

39-73-106. Investigation of applications.
(1) Whenever the department of labor and industry under this chapter receives an application for a payment, an investigation and record shall be promptly made of the validity of the claim. The object of such investigation shall be to ascertain whether or not the applicant is entitled to a payment under the provisions of this chapter and such other information as may be required by the rules of the department. The investigation of such applicant shall be conducted by representatives of the department. The physicians or physician designated by the department, as herein provided, shall constitute an examining board for such clinical, pathological, x-ray, and roentgen examinations as in the opinion of the examining board may be necessary to determine whether or not the applicant has silicosis, as herein defined. A certified report of such examination from the examining board of physicians or physician must be attached to the investigation report.
(2) Upon the completion of such investigation, the department shall determine whether or not the applicant is entitled to a payment under this chapter. The department shall then notify the applicant of its decision.
History: (1)En. Sec. 6, Part 9, Ch. 82, L. 1937, as added by Sec. 1, Ch. 5, L. 1941; amd. Sec. 6, Ch. 225, L. 1961; amd. Sec. 41, Ch. 182, L. 1975; Sec. 71-1006, R.C.M. 1947; (2)En. Sec. 7, Part 9, Ch. 82, L. 1937, as added by Sec. 1, Ch. 5, L. 1941; amd. Sec. 7, Ch. 225, L. 1961; amd. Sec. 42, Ch. 182, L. 1975; Sec. 71-1007, R.C.M. 1947; R.C.M. 1947, 71-1006, 71-1007; amd. Sec. 64, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 73. Silicosis Benefits › Part 1. General Provisions › 39-73-107. Amount of payments

39-73-107. Amount of payments.
Subject to the provisions of this chapter and the deductions provided in this chapter, any person who has silicosis and who has, subject to the regulations and standards of the department of labor and industry, been determined by the department to be entitled to payment under this chapter for silicosis must be granted a payment by the department of $350 a month, subject to any additional appropriations. If the person is receiving payments under 39-71-715 that are less in the aggregate than $350, then the person is entitled to a payment under this chapter of the difference between the amount received under 39-71-715 and $350 a month. The legislature shall authorize additional appropriations that may be necessary to make the increased monthly payments provided in this section.
History: Ap. p. Sec. 3, Part 9, Ch. 82, L. 1937, as added by Sec. 1, Ch. 5, L. 1941; amd. Sec. 1, Ch. 68, L. 1945; amd. Sec. 1, Ch. 216, L. 1947; amd. Sec. 1, Ch. 192, L. 1949; amd. Sec. 1, Ch. 42, L. 1953; amd. Sec. 1, Ch. 252, L. 1955; amd. Sec. 1, Ch. 3, L. 1961; amd. Sec. 3, Ch. 225, L. 1961; amd. Sec. 1, Ch. 267, L. 1965; amd. Sec. 1, Ch. 125, L. 1967; amd. Sec. 1, Ch. 260, L. 1969; amd. Sec. 1, Ch. 105, L. 1971; amd. Sec. 2, Ch. 360, L. 1971; amd. Sec. 1, Ch. 504, L. 1973; Sec. 71-1003, R.C.M. 1947; Ap. p. Sec. 4, Part 9, Ch. 82, L. 1937, as added by Sec. 1, Ch. 5, L. 1941; amd. Sec. 2, Ch. 216, L. 1947; amd. Sec. 2, Ch. 192, L. 1949; amd. Sec. 1, Ch. 204, L. 1953; amd. Sec. 2, Ch. 252, L. 1955; amd. Sec. 1, Ch. 248, L. 1959; amd. Sec. 4, Ch. 225, L. 1961; amd. Sec. 2, Ch. 267, L. 1965; amd. Sec. 2, Ch. 125, L. 1967; amd. Sec. 2, Ch. 260, L. 1969; amd. Sec. 2, Ch. 105, L. 1971; amd. Sec. 2, Ch. 504, L. 1973; Sec. 71-1004, R.C.M. 1947; R.C.M. 1947, 71-1003(part), 71-1004; amd. Sec. 3, Ch. 559, L. 1981; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 21, Ch. 214, L. 2001; amd. Sec. 34, Ch. 416, L. 2005; amd. Sec. 4, Ch. 474, L. 2005; amd. Sec. 4, Ch. 232, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 73. Silicosis Benefits › Part 1. General Provisions › 39-73-108. Payment of benefits when person entitled is in institution

39-73-108. Payment of benefits when person entitled is in institution.
If a person who is entitled to benefits under this chapter is an inmate in any Montana state institution, benefits may not be paid to the person but must be paid to the person's beneficiary, if any, as defined in 39-71-116.
History: En. Sec. 3, Part 9, Ch. 82, L. 1937, as added by Sec. 1, Ch. 5, L. 1941; amd. Sec. 1, Ch. 68, L. 1945; amd. Sec. 1, Ch. 216, L. 1947; amd. Sec. 1, Ch. 192, L. 1949; amd. Sec. 1, Ch. 42, L. 1953; amd. Sec. 1, Ch. 252, L. 1955; amd. Sec. 1, Ch. 3, L. 1961; amd. Sec. 3, Ch. 225, L. 1961; amd. Sec. 1, Ch. 267, L. 1965; amd. Sec. 1, Ch. 125, L. 1967; amd. Sec. 1, Ch. 260, L. 1969; amd. Sec. 1, Ch. 105, L. 1971; amd. Sec. 2, Ch. 360, L. 1971; amd. Sec. 1, Ch. 504, L. 1973; R.C.M. 1947, 71-1003(c); amd. Sec. 9, Ch. 480, L. 1991; amd. Sec. 1555, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 73. Silicosis Benefits › Part 1. General Provisions › 39-73-109. Payment of benefits to surviving spouse

39-73-109. Payment of benefits to surviving spouse.
(1) Upon the death of a person receiving payments for silicosis under 39-73-104 or 39-73-108, the surviving spouse, as long as the spouse remains unmarried, is entitled to receive the payments granted to the deceased spouse.
(2) A person who otherwise is qualified to receive payments under subsection (1) but whose spouse died prior to March 14, 1974, is eligible to begin receiving $350 a month.
History: (1)En. 71-1010 by Sec. 1, Ch. 203, L. 1974; Sec. 71-1010, R.C.M. 1947; (2)En. 71-1010.1 by Sec. 1, Ch. 500, L. 1975; Sec. 71-1010.1, R.C.M. 1947; R.C.M. 1947, 71-1010, 71-1010.1; amd. Sec. 91, Ch. 397, L. 1979; amd. Sec. 22, Ch. 214, L. 2001; amd. Sec. 5, Ch. 474, L. 2005; amd. Sec. 5, Ch. 232, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 73. Silicosis Benefits › Part 1. General Provisions › 39-73-110. Assistance not assignable or subject to legal process

39-73-110. Assistance not assignable or subject to legal process.
Except as otherwise provided in this chapter, assistance granted under this chapter is not transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter is subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
History: En. Sec. 18, Part 1, Ch. 82, L. 1937; amd. Sec. 26, Ch. 121, L. 1974; R.C.M. 1947, 71-229.
2023 Montana Code Annotated › Title 39. Labor › Chapter 73. Silicosis Benefits › Part 1. General Provisions › 39-73-111. Representative payee -- appointment -- duties

39-73-111. Representative payee -- appointment -- duties.
(1) The department of labor and industry may appoint a representative payee to apply for and receive payment of silicosis benefits on behalf of a person eligible for the payments or the person's beneficiary if the department determines that the appointment is in the best interests of the person or the person's beneficiary. The representative payee may be a person, a corporation, a government agency, or an institution, including a nursing home or extended care facility providing care for the person or the person's beneficiary.
(2) To determine the best interests of the eligible person or the person's beneficiary for appointment of a representative payee, the department may consider:
(a) a court determination of incompetence;
(b) medical evidence;
(c) relevant information from any person, corporation, government agency, or institution; and
(d) other relevant information.
(3) The department shall:
(a) determine the circumstances in which a representative payee may be appointed;
(b) establish procedures for the appointment; and
(c) establish the representative payee's responsibilities.
(4) The representative payee shall:
(a) act as a trustee to the person eligible for silicosis payments or the person's beneficiary in handling payments received; and
(b) maintain and expend the funds for the benefit and best interests of the eligible person or the person's beneficiary.
(5) The department's obligation under this chapter is fully discharged upon payment of benefits to the representative payee.
History: En. Sec. 1, Ch. 69, L. 1989; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1556, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 74. Critical Incident Stress Management › Part 1. General Provisions › 39-74-102. Policy

39-74-102. Policy.
In order to promote the resiliency and well-being of Montana emergency service providers, it is the policy of the state of Montana to encourage the practice of critical incident stress management.
History: En. Sec. 2, Ch. 238, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 74. Critical Incident Stress Management › Part 1. General Provisions › 39-74-103. Purpose

39-74-103. Purpose.
(1) It is the purpose of this chapter to recognize the importance of critical incident stress management and to protect the integrity of the critical incident stress management process.
(2) The legislature finds that, in some cases of dealing with extreme psychological stress or trauma that has resulted from a response to a critical incident, the privacy of the emergency service provider exceeds the merits of public disclosure.
History: En. Sec. 3, Ch. 238, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 74. Critical Incident Stress Management › Part 1. General Provisions › 39-74-104. Definitions

39-74-104. Definitions.
As used in this chapter, the following definitions apply:
(1) "Critical incident" means an event that results in acute or cumulative psychological stress or trauma to an emergency service provider as a result of response to the incident.
(2) "Critical incident stress" means an unusually strong emotional, cognitive, or physical reaction that has the potential to interfere with normal functioning and that results from the response to a critical incident. This may include but is not limited to physical and emotional illness, failure of usual coping mechanisms, loss of interest in the job, personality changes, or loss of ability to function.
(3) "Critical incident stress management" means a process of crisis intervention designed to assist emergency service personnel in coping with the psychological trauma resulting from response to a critical incident.
(4) "Critical incident stress management and response services" means consultation, counseling, debriefing, defusing, intervention services, management, prevention, and referral provided by a critical incident stress management team member to emergency service personnel.
(5) "Critical incident stress management team" means the group of one or more trained volunteers or paid professionals who offer critical incident stress management and response services following a critical incident.
(6) "Critical incident stress management team member" or "team member" means an individual specially trained to provide critical incident stress management and response services as a member of an organized team or emergency services provider agency.
(7) "Emergency service provider" or "emergency service personnel" means a law enforcement officer, firefighter, emergency medical service provider, dispatcher, rescue service provider, or other personnel who provide emergency response services.
History: En. Sec. 4, Ch. 238, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 74. Critical Incident Stress Management › Part 1. General Provisions › 39-74-105. Critical incident meetings closed -- confidentiality -- exceptions

39-74-105. Critical incident meetings closed -- confidentiality -- exceptions.
(1) To protect the privacy rights of an emergency service provider in receiving critical incident stress management and response services, critical incident stress management debriefing meetings and other critical incident stress management and response services meetings are closed to the general public and may be closed to anyone who was not directly involved in the critical incident that is the subject of the meeting.
(2) Any information divulged to the team during the provision of critical incident stress management and response services must be kept confidential and may not be disclosed to a third party or in a criminal, civil, or administrative proceeding unless the merits of disclosure exceed the demands of an individual's privacy. Records kept by critical incident stress management team members are not subject to subpoena, discovery, or introduction into evidence in a criminal, civil, or administrative action.
(3) The confidentiality privilege provided in subsections (1) and (2) does not apply:
(a) for the appropriate referral to or consultation with other critical incident stress management team members or related qualified professionals;
(b) if the emergency service provider conveys that the provider is an imminent threat to the provider or anyone else or if the provider appears to be an imminent threat to the provider or anyone else;
(c) if the emergency services provider divulges information regarding a past, present, or future criminal act that does not involve the critical incident;
(d) if the emergency service provider or the provider's legal guardian gives consent;
(e) if the emergency service provider is deceased; or
(f) to the facts divulged by the emergency service provider concerning a person injured in a critical incident and the services and care provided to or withheld from that person by an emergency service provider.
History: En. Sec. 5, Ch. 238, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 1. General Provisions › 40-1-101. Purposes

40-1-101. Purposes.
This chapter shall be liberally construed and applied to promote its underlying purposes, which are to:
(1) provide adequate procedures for the solemnization and registration of marriage;
(2) strengthen and preserve the integrity of marriage and safeguard family relationships.
History: En. 48-302 by Sec. 2, Ch. 536, L. 1975; R.C.M. 1947, 48-302(part).
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 1. General Provisions › 40-1-102. Uniformity of application and construction

40-1-102. Uniformity of application and construction.
This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.
History: En. 48-303 by Sec. 3, Ch. 536, L. 1975; R.C.M. 1947, 48-303.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 1. General Provisions › 40-1-103. Formalities

40-1-103. Formalities.
Marriage is a personal relationship between a man and a woman arising out of a civil contract to which the consent of the parties is essential. A marriage licensed, solemnized, and registered as provided in this chapter is valid in this state. A marriage may be contracted, maintained, invalidated, or dissolved only as provided by the law of this state.
History: En. 48-304 by Sec. 4, Ch. 536, L. 1975; R.C.M. 1947, 48-304.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 1. General Provisions › 40-1-104. Application

40-1-104. Application.
All marriages contracted within this state prior to January 1, 1976, or outside the state, that were valid at the time of the contract or subsequently validated by the laws of the place in which they were contracted or by the domicile of the parties are valid in this state.
History: En. 48-313 by Sec. 13, Ch. 536, L. 1975; R.C.M. 1947, 48-313.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 1. General Provisions › 40-1-105. Application of Montana Rules of Civil Procedure

40-1-105. Application of Montana Rules of Civil Procedure.
(1) Except for proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act, the Montana Rules of Civil Procedure apply to all proceedings under this chapter, except as otherwise provided in this chapter.
(2) A proceeding for declaration of invalidity of marriage must be entitled, "In re the Marriage of.......... and............". A parenting or support proceeding must be entitled, "In re the (parenting) (support) of........".
(3) The initial pleading in all proceedings under this chapter must be denominated a petition. A responsive pleading must be denominated a response. Other pleadings, and all pleadings in other matters under this chapter, must be denominated as provided in the Montana Rules of Civil Procedure.
(4) In this chapter, "decree" includes "judgment".
History: En. 48-315 by Sec. 15, Ch. 536, L. 1975; amd. Sec. 26, Ch. 537, L. 1977; R.C.M. 1947, 48-315(part); amd. Sec. 2, Ch. 343, L. 1997; amd. Sec. 1, Ch. 91, L. 1999.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 1. General Provisions › 40-1-106. Parts of code not applicable

40-1-106. Parts of code not applicable.
The provisions of other portions of this code in relation to contracts and the capacity of persons to enter into them have no application to the contract of marriage.
History: En. Sec. 58, Civ. C. 1895; re-en. Sec. 3615, Rev. C. 1907; re-en. Sec. 5708, R.C.M. 1921; Field Civ. C. Sec. 43; re-en. Sec. 5708, R.C.M. 1935; R.C.M. 1947, 48-114.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 1. General Provisions › 40-1-107. Form of application, license, marriage certificate, and consent

40-1-107. Form of application, license, marriage certificate, and consent.
(1) The director of the department of public health and human services shall prescribe the form for an application for a marriage license, which must include the following information:
(a) name, sex, as defined in 1-1-201, address, [social security number,] and date and place of birth of each party to the proposed marriage;
(b) if either party was previously married, the party's name and the date, place, and court in which the marriage was dissolved or declared invalid or the date and place of death of the former spouse;
(c) name and address of the parents or guardian of each party; and
(d) whether the parties are related to each other and, if so, their relationship.
(2) The director of the department of public health and human services shall prescribe the forms for the marriage license, the marriage certificate, and the consent to marriage.
[(3) The license, certificate, or consent may not contain the social security number, and the department shall keep the number from this source confidential, except that the department may use the number in administering Title IV-D of the Social Security Act.]
(4) The information contained in the marriage license application is subject to the disclosure restrictions provided in 50-15-122(5). (Bracketed language terminates on occurrence of contingency--sec. 1, Ch. 27, L. 1999.)
History: En. 48-305 by Sec. 5, Ch. 536, L. 1975; R.C.M. 1947, 48-305; amd. Sec. 72, Ch. 418, L. 1995; amd. Sec. 112, Ch. 546, L. 1995; amd. Sec. 23, Ch. 552, L. 1997; amd. Sec. 1, Ch. 91, L. 2001; amd. Sec. 16, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-201. License application

40-1-201. License application.
(1) Parties may not be joined in marriage within this state until a license has been obtained for that purpose from a clerk of the district court.
(2) A license authorizes a marriage ceremony to be performed in any county of this state.
(3) If an applicant for a marriage license is a nonresident of the county where the license is to issue, the nonresident applicant's part of the application may be completed and sworn to or affirmed before the person authorized to accept license applications in the county and state in which the nonresident applicant resides.
History: En. Sec. 5, Ch. 232, L. 1963; amd. Sec. 8, Ch. 33, L. 1977; R.C.M. 1947, 48-146; amd. Sec. 1, Ch. 42, L. 1983; amd. Sec. 1557, Ch. 56, L. 2009; amd. Sec. 1, Ch. 393, L. 2017.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-202. License issuance

40-1-202. License issuance.
Except as provided in 40-1-301, when a marriage application has been completed and signed by both parties to a prospective marriage and at least one party has appeared before the clerk of the district court and paid the marriage license fee of $53, the clerk of the district court shall issue a license to marry and a marriage certificate form upon being furnished:
(1) satisfactory proof that each party to the marriage will have attained 18 years of age at the time the marriage license is effective or will have attained 16 years of age and has obtained judicial approval as provided in 40-1-213; and
(2) satisfactory proof that the marriage is not prohibited.
History: En. 48-306 by Sec. 6, Ch. 536, L. 1975; R.C.M. 1947, 48-306; amd. Sec. 6, Ch. 677, L. 1979; amd. Sec. 2, Ch. 493, L. 1981; amd. Sec. 10, Ch. 493, L. 2005; amd. Sec. 1, Ch. 235, L. 2007; amd. Sec. 1, Ch. 294, L. 2007; amd. Sec. 1, Ch. 43, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-203. Proof of age

40-1-203. Proof of age.
Before a person authorized by law to issue marriage licenses may issue a marriage license, each applicant for a license shall provide a birth certificate or other satisfactory evidence of age and, if the applicant is a minor, the approval required by 40-1-213.
History: En. Sec. 1, Ch. 208, L. 1947; amd. Sec. 1, Ch. 21, L. 1959; amd. Sec. 1, Ch. 248, L. 1973; amd. Sec. 4, Ch. 33, L. 1977; R.C.M. 1947, 48-134; amd. Sec. 1, Ch. 33, L. 1979; amd. Sec. 1, Ch. 228, L. 1981; amd. Sec. 1, Ch. 154, L. 1983; amd. Sec. 1, Ch. 186, L. 1989; amd. Sec. 73, Ch. 418, L. 1995; amd. Sec. 113, Ch. 546, L. 1995; amd. Sec. 2, Ch. 294, L. 2007; amd. Sec. 2, Ch. 43, L. 2019; amd. Sec. 8, Ch. 14, L. 2021.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-204. Repealed

40-1-204. Repealed.
Sec. 4, Ch. 43, L. 2019.
History: En. Sec. 2, Ch. 208, L. 1947; amd. Sec. 104, Ch. 349, L. 1974; amd. Sec. 5, Ch. 33, L. 1977; R.C.M. 1947, 48-135; amd. Sec. 2, Ch. 154, L. 1983; amd. Sec. 2, Ch. 186, L. 1989; amd. Sec. 74, Ch. 418, L. 1995; amd. Sec. 114, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-205. Repealed

40-1-205. Repealed.
Sec. 4, Ch. 43, L. 2019.
History: En. Sec. 3, Ch. 208, L. 1947; amd. Sec. 2, Ch. 248, L. 1973; R.C.M. 1947, 48-136; amd. Sec. 2, Ch. 228, L. 1981; amd. Sec. 1, Ch. 25, L. 1985; amd. Sec. 3, Ch. 186, L. 1989; amd. Sec. 3, Ch. 294, L. 2007.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-206. Repealed

40-1-206. Repealed.
Sec. 4, Ch. 43, L. 2019.
History: En. Sec. 4, Ch. 208, L. 1947; amd. Sec. 3, Ch. 248, L. 1973; amd. Sec. 6, Ch. 33, L. 1977; R.C.M. 1947, 48-137; amd. Sec. 3, Ch. 154, L. 1983; amd. Sec. 75, Ch. 418, L. 1995; amd. Secs. 115, 568, Ch. 546, L. 1995; amd. Sec. 4, Ch. 73, L. 1997; amd. Sec. 4, Ch. 294, L. 2007.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-207. Repealed

40-1-207. Repealed.
Sec. 4, Ch. 43, L. 2019.
History: En. Sec. 5, Ch. 208, L. 1947; R.C.M. 1947, 48-138; amd. Sec. 1558, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-208. Repealed

40-1-208. Repealed.
Sec. 4, Ch. 43, L. 2019.
History: En. Sec. 6, Ch. 208, L. 1947; amd. Sec. 7, Ch. 33, L. 1977; R.C.M. 1947, 48-139; amd. Sec. 4, Ch. 154, L. 1983; amd. Sec. 4, Ch. 186, L. 1989; amd. Sec. 76, Ch. 418, L. 1995; amd. Sec. 116, Ch. 546, L. 1995; amd. Sec. 5, Ch. 294, L. 2007.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-209. Repealed

40-1-209. Repealed.
Sec. 4, Ch. 43, L. 2019.
History: En. Sec. 7, Ch. 208, L. 1947; amd. Sec. 104, Ch. 349, L. 1974; R.C.M. 1947, 48-140; amd. Sec. 77, Ch. 418, L. 1995; amd. Sec. 117, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-210. No license to be issued when applicants under influence of liquor or drug

40-1-210. No license to be issued when applicants under influence of liquor or drug.
No license to marry shall be issued if, at the time of making application, either of the applicants is under the influence of intoxicating liquor or narcotic drug.
History: En. Sec. 6, Ch. 232, L. 1963; R.C.M. 1947, 48-147.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-211. Repealed

40-1-211. Repealed.
Sec. 1, Ch. 124, L. 1979.
History: En. Sec. 7, Ch. 232, L. 1963; R.C.M. 1947, 48-148.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-212. Effective period of license

40-1-212. Effective period of license.
A license to marry is effective upon issuance and expires after 180 days.
History: En. 48-307 by Sec. 7, Ch. 536, L. 1975; R.C.M. 1947, 48-307; amd. Sec. 1, Ch. 7, L. 1987.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 2. License Provisions › 40-1-213. Judicial approval

40-1-213. Judicial approval.
(1) The district court may order the clerk of the district court to issue a marriage license and a marriage certificate form to a party 16 or 17 years of age who has no parent capable of consenting to the party's marriage or has the consent of both parents or of the parent having the actual care, parenting authority, and control to the party's marriage, if capable of giving consent, or of the party's guardian. The court must require both parties to participate in a period of marriage counseling involving at least two separate counseling sessions not less than 10 days apart with a designated counselor as a condition of the order for issuance of a marriage license and a marriage certificate form under this section.
(2) A marriage license and a marriage certificate form may be issued under this section only if the court finds that the underaged party is capable of assuming the responsibilities of marriage and the marriage will serve the party's best interests. Pregnancy alone does not establish that the best interests of the party will be served.
(3) The district court shall authorize performance of a marriage by proxy upon the showing required by the provisions on solemnization.
History: En. 48-308 by Sec. 8, Ch. 536, L. 1975; R.C.M. 1947, 48-308; amd. Sec. 1, Ch. 183, L. 1979; amd. Sec. 3, Ch. 343, L. 1997.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 3. Solemnization › 40-1-301. Solemnization and registration

40-1-301. Solemnization and registration.
(1) A marriage may be solemnized by a judge of a court of record, by a public official whose powers include solemnization of marriages, by a mayor, city judge, or justice of the peace, by a notary public authorized pursuant to 1-5-630, by a tribal judge, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the clerk of the district court.
(2) If a party to a marriage is unable to be present at the solemnization, the party may authorize in writing a third person to act as proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, the person may solemnize the marriage by proxy. If the person solemnizing the marriage is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.
(3) The solemnization of the marriage is not invalidated by the fact that the person solemnizing the marriage was not legally qualified to solemnize it if either party to the marriage believed that person to be qualified.
(4) One party to a proxy marriage must be a member of the armed forces of the United States on federal active duty or a resident of Montana at the time of application for a license and certificate pursuant to 40-1-202. One party or a legal representative shall appear before the clerk of court and pay the marriage license fee. For the purposes of this subsection, residency must be determined in accordance with 1-1-215.
History: En. 48-309 by Sec. 9, Ch. 536, L. 1975; amd. Sec. 9, Ch. 33, L. 1977; R.C.M. 1947, 48-309(1), (2), (4); amd. Sec. 1, Ch. 247, L. 1979; amd. Sec. 3, Ch. 348, L. 1985; amd. Sec. 2, Ch. 235, L. 2007; amd. Sec. 23, Ch. 123, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 3. Solemnization › 40-1-311. Declaration of marriage without solemnization

40-1-311. Declaration of marriage without solemnization.
(1) Persons may consummate a marriage by written declaration in this state without the solemnization provided for in 40-1-301. The declaration must be filed by the clerk of the district court in the county where the contract was executed.
(2) A declaration of marriage must contain substantially the following:
(a) the names, ages, and residences of the parties;
(b) the fact of marriage;
(c) the name of father and maiden name of mother of both parties and address of each;
(d) a statement that both parties are legally competent to enter into the marriage contract.
(3) The declaration must be subscribed by the parties and attested by at least two witnesses and formally acknowledged before the clerk of the district court of the county.
(4) The fee for filing a declaration is $53 and must be paid to the clerk at time of filing.
History: En. Sec. 85, Civ. C. 1895; re-en. Sec. 3631, Rev. C. 1907; re-en. Sec. 5724, R.C.M. 1921; Cal. Civ. C. Sec. 75; re-en. Sec. 5724, R.C.M. 1935; amd. Sec. 1, Ch. 275, L. 1959; amd. Sec. 44, Ch. 536, L. 1975; R.C.M. 1947, 48-130; amd. Sec. 2, Ch. 33, L. 1979; amd. Sec. 2, Ch. 12, L. 1983; amd. Sec. 11, Ch. 493, L. 2005; amd. Sec. 1, Ch. 249, L. 2009; amd. Sec. 3, Ch. 43, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 3. Solemnization › 40-1-312. Persons who may prepare declaration of marriage

40-1-312. Persons who may prepare declaration of marriage.
(1) Except as provided in subsection (2), a declaration of marriage must be prepared by:
(a) a party to the marriage; or
(b) a person who is licensed to practice law in the state of Montana.
(2) (a) The office of vital records of the department of public health and human services shall develop a standard declaration of marriage form. The form must conform with the requirements of 40-1-311 and must be notarized.
(b) The department shall provide the standard form to the clerks of district courts.
(c) Each clerk of district court shall make the standard form available for use by members of the public.
History: En. Sec. 2, Ch. 275, L. 1959; R.C.M. 1947, 48-130.1; amd. Sec. 1559, Ch. 56, L. 2009; amd. Sec. 1, Ch. 214, L. 2019.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 3. Solemnization › 40-1-313. Penalty

40-1-313. Penalty.
Any person violating the provisions of 40-1-311 or 40-1-312, upon conviction, shall be subject to a fine of not less than $300 or 6 months in a county jail, or both.
History: En. Sec. 3, Ch. 275, L. 1959; R.C.M. 1947, 48-130.2.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 3. Solemnization › 40-1-321. Registration of marriage

40-1-321. Registration of marriage.
(1) Upon receipt of the marriage certificate, the clerk of the district court shall register the marriage.
(2) Every person solemnizing a marriage who shall neglect to make and deliver to the clerk of the district court a certificate thereof within 30 days after having solemnized such marriage shall forfeit for such neglect a sum not less than $10 or more than $50; and any clerk of the district court who shall neglect to record such certificate so delivered within 1 month after its delivery shall forfeit the like penalty.
History: (1)En. 48-309 by Sec. 9, Ch. 536, L. 1975; amd. Sec. 9, Ch. 33, L. 1977; Sec. 48-309, R.C.M. 1947; (2)En. Sec. 7, p. 409, Bannack Stat.; re-en. Sec. 7, p. 520, Cod. Stat. 1871; re-en. Sec. 860, 5th Div. Rev. Stat. 1879; re-en. Sec. 1421, 5th Div. Comp. Stat. 1887; amd. Sec. 79, Civ. C. 1895; re-en. Sec. 3625, Rev. C. 1907; re-en. Sec. 5718, R.C.M. 1921; re-en. Sec. 5718, R.C.M. 1935; Sec. 48-124, R.C.M. 1947; R.C.M. 1947, 48-124, 48-309(3).
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 3. Solemnization › 40-1-322. Certificate and copy presumptive evidence

40-1-322. Certificate and copy presumptive evidence.
The original certificate of marriage and the record thereof by the clerk of the district court or a copy of such record duly certified by the clerk of the district court shall be received by all courts in all places as presumptive evidence of such marriage.
History: En. Sec. 10, p. 410, Bannack Stat.; re-en. Sec. 10, p. 521, Cod. Stat. 1871; re-en. Sec. 863, 5th Div. Rev. Stat. 1879; re-en. Sec. 1424, 5th Div. Comp. Stat. 1887; amd. Sec. 81, Civ. C. 1895; re-en. Sec. 3627, Rev. C. 1907; re-en. Sec. 5720, R.C.M. 1921; re-en. Sec. 5720, R.C.M. 1935; amd. Sec. 3, Ch. 33, L. 1977; R.C.M. 1947, 48-126.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 3. Solemnization › 40-1-323. Proof of solemnized marriage when no record

40-1-323. Proof of solemnized marriage when no record.
If the record of the solemnization of a marriage heretofore entered into has been lost or destroyed and not known to exist, the parties may join in a written declaration of such marriage, substantially showing:
(1) the names, ages, and residences of the parties;
(2) the date and place of marriage and other pertinent facts of the marriage;
(3) that the record of the solemnized marriage has become lost or destroyed, as the case may be, and is not known to exist.
History: En. Sec. 86, Civ. C. 1895; re-en. Sec. 3632, Rev. C. 1907; re-en. Sec. 5725, R.C.M. 1921; Cal. Civ. C. Sec. 76; re-en. Sec. 5725, R.C.M. 1935; amd. Sec. 1, Ch. 276, L. 1959; R.C.M. 1947, 48-131.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 3. Solemnization › 40-1-324. Declaration to be acknowledged and recorded

40-1-324. Declaration to be acknowledged and recorded.
The written declaration of marriage provided for in 40-1-323 shall be attested by at least two witnesses and formally acknowledged by an official authorized to administer oaths in the state of Montana. The filing of the declaration with the clerk of the district court in the county of the residence of the parties shall serve as an official record of the marriage of the parties.
History: En. Sec. 87, Civ. C. 1895; re-en. Sec. 3633, Rev. C. 1907; re-en. Sec. 5726, R.C.M. 1921; Cal. Civ. C. Sec. 77; re-en. Sec. 5726, R.C.M. 1935; amd. Sec. 2, Ch. 276, L. 1959; R.C.M. 1947, 48-132.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 4. Validity of Marriages -- Declaration of Invalidity › 40-1-401. Prohibited marriages -- contracts

40-1-401. Prohibited marriages -- contracts.
(1) The following marriages are prohibited:
(a) a marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
(b) a marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood, or between first cousins;
(c) a marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood;
(d) a marriage between persons of the same sex, as defined in 1-1-201.
(2) Parties to a marriage prohibited under this section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.
(3) Children born of a prohibited marriage are legitimate.
(4) A contractual relationship entered into for the purpose of achieving a civil relationship that is prohibited under subsection (1) is void as against public policy.
History: En. 48-310 by Sec. 10, Ch. 536, L. 1975; R.C.M. 1947, 48-310; amd. Sec. 1, Ch. 424, L. 1997; amd. Sec. 17, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 4. Validity of Marriages -- Declaration of Invalidity › 40-1-403. Validity of common-law marriage

40-1-403. Validity of common-law marriage.
Common-law marriages are not invalidated by this chapter. Declarations of marriage pursuant to 40-1-311 through 40-1-313, 40-1-323, and 40-1-324 are not invalidated by this chapter.
History: En. 48-314 by Sec. 14, Ch. 536, L. 1975; R.C.M. 1947, 48-314.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 1. Marriage › Part 4. Validity of Marriages -- Declaration of Invalidity › 40-1-404. Putative spouse

40-1-404. Putative spouse.
A person who has cohabited with another to whom the person is not legally married in the good faith belief that the person was married to that person is a putative spouse until knowledge of the fact that the person is not legally married terminates that status and prevents acquisition of further rights. A putative spouse acquires the rights conferred upon a legal spouse, including the right to maintenance following termination of that status, whether or not the marriage is prohibited, as provided in 40-1-401, or declared invalid, as provided in 40-1-402. If there is a legal spouse or other putative spouses, rights acquired by a putative spouse do not supersede the rights of the legal spouse or those acquired by other putative spouses, but the court shall apportion property, maintenance, and support rights among the claimants as appropriate in the circumstances and in the interests of justice.
History: En. 48-312 by Sec. 12, Ch. 536, L. 1975; R.C.M. 1947, 48-312; amd. Sec. 1560, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 1. Joint Interests, Obligations, and Powers › 40-2-101. Mutual obligations of husband and wife

40-2-101. Mutual obligations of husband and wife.
Husband and wife contract toward each other obligations of mutual respect, fidelity, and support.
History: En. Sec. 210, Civ. C. 1895; re-en. Sec. 3690, Rev. C. 1907; re-en. Sec. 5782, R.C.M. 1921; Cal. Civ. C. Sec. 155; Field Civ. C. Sec. 75; re-en. Sec. 5782, R.C.M. 1935; R.C.M. 1947, 36-101.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 1. Joint Interests, Obligations, and Powers › 40-2-102. Duties of husband and wife as to support

40-2-102. Duties of husband and wife as to support.
Insofar as each is able, the husband and wife shall support each other out of their property and labor. As used in this section, the word "support" includes the nonmonetary support provided by a spouse as homemaker.
History: En. Sec. 212, Civ. C. 1895; re-en. Sec. 3692, Rev. C. 1907; re-en. Sec. 5784, R.C.M. 1921; Field Civ. C. Sec. 77; re-en. Sec. 5784, R.C.M. 1935; amd. Sec. 1, Ch. 293, L. 1975; R.C.M. 1947, 36-103.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 1. Joint Interests, Obligations, and Powers › 40-2-103. Support of spouse

40-2-103. Support of spouse.
If a married person who is able neglects to make adequate provision for the financial support of the person's spouse, except in the cases mentioned in 40-2-104, any other person may in good faith supply the spouse with articles necessary for support and recover the reasonable value of the articles from the married person who has failed to provide support.
History: En. Sec. 244, Civ. C. 1895; re-en. Sec. 3724, Rev. C. 1907; re-en. Sec. 5800, R.C.M. 1921; Cal. Civ. C. Sec. 174; Field Civ. C. Sec. 84; re-en. Sec. 5800, R.C.M. 1935; amd. Sec. 12, Ch. 293, L. 1975; R.C.M. 1947, 36-119; amd. Sec. 1561, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 1. Joint Interests, Obligations, and Powers › 40-2-104. Liability of married person when abandoned by spouse

40-2-104. Liability of married person when abandoned by spouse.
A married person abandoned by a spouse is not liable for the spouse's support until the spouse offers to return, unless the spouse was justified by the person's misconduct in abandoning that person, nor is a married person liable for support of a spouse who is living separate from the person by agreement, unless support is stipulated in the agreement.
History: En. Sec. 245, Civ. C. 1895; re-en. Sec. 3725, Rev. C. 1907; re-en. Sec. 5801, R.C.M. 1921; Cal. Civ. C. Sec. 175; Based on Field Civ. C. Sec. 85; re-en. Sec. 5801, R.C.M. 1935; amd. Sec. 13, Ch. 293, L. 1975; R.C.M. 1947, 36-120; amd. Sec. 1562, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 1. Joint Interests, Obligations, and Powers › 40-2-105. Husband and wife as joint tenants

40-2-105. Husband and wife as joint tenants.
A husband and wife may hold real or personal property together, jointly or in common.
History: En. Sec. 217, Civ. C. 1895; re-en. Sec. 3697, Rev. C. 1907; re-en. Sec. 5789, R.C.M. 1921; Cal. Civ. C. Sec. 161; Field Civ. C. Sec. 82; re-en. Sec. 5789, R.C.M. 1935; R.C.M. 1947, 36-108.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 1. Joint Interests, Obligations, and Powers › 40-2-106. Liability for acts or debts of spouse

40-2-106. Liability for acts or debts of spouse.
(1) A husband or wife, solely on the basis of being a spouse, is not answerable for the acts of the other spouse or liable for the debts contracted by the other spouse, except that the expenses for necessities of the family and of the education of the spouses' children are chargeable upon the property of both the husband and wife, or either of them, and in relation to those expenses, the husband and wife may be sued jointly or separately.
(2) The period prescribed for commencing an action to recover expenses described in subsection (1) incurred by either spouse is governed by the provisions of 27-2-202.
History: En. Sec. 218, Civ. C. 1895; re-en. Sec. 3698, Rev. C. 1907; amd. Sec. 1, Ch. 129, L. 1915; re-en. Sec. 5790, R.C.M. 1921; re-en. Sec. 5790, R.C.M. 1935; R.C.M. 1947, 36-109; amd. Sec. 1, Ch. 327, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 1. Joint Interests, Obligations, and Powers › 40-2-107. May sue and be sued

40-2-107. May sue and be sued.
A married person may sue and be sued in the same manner as if the person were single.
History: En. Sec. 1444, 5th Div. Comp. Stat. 1887; re-en. Sec. 253, Civ. C. 1895; re-en. Sec. 3733, Rev. C. 1907; re-en. Sec. 5809, R.C.M. 1921; re-en. Sec. 5809, R.C.M. 1935; amd. Sec. 15, Ch. 293, L. 1975; R.C.M. 1947, 36-128; amd. Sec. 1563, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 1. Joint Interests, Obligations, and Powers › 40-2-108. Married person as personal representative, guardian, conservator, or trustee

40-2-108. Married person as personal representative, guardian, conservator, or trustee.
A married person may be a personal representative, guardian, conservator, or trustee and may personally be bound and may bind the estate the person represents without any act or assent on the part of the person's spouse.
History: En. Sec. 1443, 5th Div. Comp. Stat. 1887; re-en. Sec. 252, Civ. C. 1895; re-en. Sec. 3732, Rev. C. 1907; re-en. Sec. 5808, R.C.M. 1921; re-en. Sec. 5808, R.C.M. 1935; amd. Sec. 14, Ch. 293, L. 1975; R.C.M. 1947, 36-127; amd. Sec. 1564, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 1. Joint Interests, Obligations, and Powers › 40-2-109. Right of person to sue spouse for intentional tort

40-2-109. Right of person to sue spouse for intentional tort.
A person has a cause of action against the person's spouse for damages caused by the spouse's intentional tort against the person, and the common-law doctrine of interspousal tort immunity is, to that extent, abolished.
History: En. Sec. 1, Ch. 407, L. 1979; amd. Sec. 1565, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 2. Individual Property › 40-2-201. When husband's and wife's interests separate

40-2-201. When husband's and wife's interests separate.
Neither husband nor wife has any interest in the property of the other, except as mentioned in 40-2-102, but neither can be excluded from the other's dwelling unless enjoined by a court.
History: En. Sec. 213, Civ. C. 1895; re-en. Sec. 3693, Rev. C. 1907; re-en. Sec. 5785, R.C.M. 1921; Cal. Civ. C. Sec. 157; Field Civ. C. Sec. 78; re-en. Sec. 5785, R.C.M. 1935; R.C.M. 1947, 36-104; amd. Sec. 2, Ch. 407, L. 1979.
2023 Montana Code Annotated › Title 40. Family Law › Chapter 2. Husband and Wife › Part 2. Individual Property › 40-2-202. Individual property of married person

40-2-202. Individual property of married person.
All the property of a married person owned before marriage and that acquired afterwards is that person's individual property. The married person may, without consent, agreement, and signature of the person's spouse, convey and transfer the person's individual property, real or personal, including the fee simple title to real property, or execute a power of attorney for the conveyance and transfer of property.
History: En. Sec. 220, Civ. C. 1895; re-en. Sec. 3700, Rev. C. 1907; re-en. Sec. 5792, R.C.M. 1921; Cal. Civ. C. Sec. 162; amd. Sec. 1, Ch. 63, L. 1923; re-en. Sec. 5792, R.C.M. 1935; amd. Sec. 3, Ch. 293, L. 1975; R.C.M. 1947, 36-111; amd. Sec. 1566, Ch. 56, L. 2009.