reglab/statecodes huggingface dataset:
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 › 72-31-343. Banks and other financial institutions

72-31-343. Banks and other financial institutions.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:
(1) continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;
(2) establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;
(3) contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
(4) withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
(5) receive statements of account, vouchers, notices, and similar documents from a financial institution and to act with respect to them;
(6) enter a safe deposit box or vault and withdraw or add to the contents;
(7) borrow money and pledge as security personal property of the principal necessary 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;
(8) make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;
(9) receive for the principal and act upon a sight draft, warehouse receipt, other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(10) apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(11) consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
History: En. Sec. 5, Ch. 580, L. 1991; amd. Sec. 120, Ch. 494, L. 1993; Sec. 72-31-205, MCA 1991; redes. 72-31-228 by Code Commissioner, 1993; amd. Sec. 34, Ch. 109, L. 2011; Sec. 72-31-228, MCA 2009; redes. 72-31-343 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 › 72-31-345. Insurance and annuities

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

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

72-31-347. Claims and litigation.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
(1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(2) bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(4) make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(5) submit to alternative dispute resolution, settle, and propose or accept a compromise;
(6) waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, and receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value;
(8) pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and
(9) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
History: En. Sec. 11, Ch. 580, L. 1991; amd. Sec. 124, Ch. 494, L. 1993; Sec. 72-31-211, MCA 1991; redes. 72-31-232 by Code Commissioner, 1993; amd. Sec. 38, Ch. 109, L. 2011; Sec. 72-31-232, MCA 2009; redes. 72-31-347 by Code Commissioner, 2011.
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 › 72-31-348. Personal and family maintenance

72-31-348. Personal and family maintenance.
(1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
(a) perform the acts necessary to maintain the customary standard of living of the principal and the following individuals, whether living when the power of attorney is executed or later born:
(i) the principal's children;
(ii) other individuals legally entitled to be supported by the principal; and
(iii) the individuals whom the principal has customarily supported or indicated the intent to support;
(b) make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
(c) provide living quarters for the individuals described in subsection (1)(a) by:
(i) purchase, lease, or other contract; or
(ii) paying the operating costs, including interest, amortization payments, repairs, and taxes, on premises owned by the principal or occupied by those individuals;
(d) provide for normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in subsection (1)(a);
(e) pay expenses for necessary health care and custodial care for the individuals described in subsection (1)(a);
(f) 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, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;
(g) continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in subsection (1)(a);
(h) maintain credit and debit accounts for the convenience of the individuals described in subsection (1)(a) and open new accounts; and
(i) continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or continue contributions to those organizations.
(2) Authority with respect to personal and family maintenance is neither dependent upon nor limited by authority that an agent may or may not have with respect to gifts under this part.
History: En. Sec. 12, Ch. 580, L. 1991; amd. Sec. 125, Ch. 494, L. 1993; Sec. 72-31-212, MCA 1991; redes. 72-31-233 by Code Commissioner, 1993; amd. Sec. 39, Ch. 109, L. 2011; Sec. 72-31-233, MCA 2009; redes. 72-31-348 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 › 72-31-349. Benefits from governmental programs or civil or military service

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

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

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

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

72-31-354. Agent's certification.
The following optional form may be used by an agent to certify facts concerning a power of attorney.
AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY ANDAGENT'S AUTHORITY
State of .....................................
County of......................................
I, ............................................ (Name of Agent), certify under penalty of perjury that ......................(Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ..........................
I further certify that to my knowledge:
(1) the principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated;
(2) if the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4) .................................................................
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
.................     .....
Agent's Signature     Date
................................
Agent's Name Printed
................................
Agent's Address
..................................
Agent's Telephone Number
This document was acknowledged before me on.............,
(Date)
by..................................
(Name of Agent) ............................... (Seal, if any)
Signature of Notary
My commission expires: ........................
This document prepared by:
..............................................................
History: En. Sec. 45, Ch. 109, L. 2011.
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 › 72-31-365. Uniformity of application and construction

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

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

72-31-367. Effect on existing powers of attorney.
Except as otherwise provided in this part, on October 1, 2011:
(1) this part applies to a power of attorney created before, on, or after October 1, 2011, unless it is a health care power of attorney;
(2) this part applies to a judicial proceeding concerning a power of attorney commenced on or after October 1, 2011, unless it is a health care power of attorney;
(3) this part applies to a judicial proceeding concerning a power of attorney commenced before October 1, 2011, unless the court finds that application of a provision of this part would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
(4) an act done before October 1, 2011, is not affected by this part.
History: En. Sec. 48, Ch. 109, L. 2011.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-401. Short title

72-31-401. Short title.
This part may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act".
History: En. Sec. 1, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-403. User direction for disclosure of digital assets

72-31-403. User direction for disclosure of digital assets.
(1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(2) If a user has not used an online tool to give direction under subsection (1) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(3) A user's direction under subsection (1) or (2) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
History: En. Sec. 3, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-404. Terms-of-service agreement

72-31-404. Terms-of-service agreement.
(1) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(2) This part does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(3) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under 72-31-403.
History: En. Sec. 4, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-405. Procedure for disclosing digital assets

72-31-405. Procedure for disclosing digital assets.
(1) When disclosing digital assets of a user under this part, the custodian may at its sole discretion:
(a) grant a fiduciary or designated recipient full access to the user's account;
(b) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(c) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this part.
(3) A custodian need not disclose under this part a digital asset deleted by a user.
(4) If a user directs or a fiduciary requests a custodian to disclose under this part some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(a) a subset limited by date of the user's digital assets;
(b) all of the user's digital assets to the fiduciary or designated recipient;
(c) none of the user's digital assets; or
(d) all of the user's digital assets to the court for review in camera.
History: En. Sec. 5, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-406. Disclosure of content of electronic communications of deceased user

72-31-406. Disclosure of content of electronic communications of deceased user.
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) a certified copy of the letter of appointment of the representative or a collection of personal property affidavit or court order;
(4) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and
(5) if requested by the custodian:
(a) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(b) evidence linking the account to the user; or
(c) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in subsection (5)(a);
(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 et seq., as amended, 47 U.S.C. 222, as amended, or other applicable law;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
History: En. Sec. 6, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-407. Disclosure of other digital assets of deceased user

72-31-407. Disclosure of other digital assets of deceased user.
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) a certified copy of the letter of appointment of the representative or a collection of personal property affidavit or court order; and
(4) if requested by the custodian:
(a) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(b) evidence linking the account to the user;
(c) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(d) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in subsection (4)(a); or
(ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
History: En. Sec. 7, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-408. Disclosure of content of electronic communications of principal

72-31-408. Disclosure of content of electronic communications of principal.
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(a) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(b) evidence linking the account to the principal.
History: En. Sec. 8, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-409. Disclosure of other digital assets of principal

72-31-409. Disclosure of other digital assets of principal.
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(a) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(b) evidence linking the account to the principal.
History: En. Sec. 9, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-410. Disclosure of digital assets held in trust when trustee is original user

72-31-410. Disclosure of digital assets held in trust when trustee is original user.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
History: En. Sec. 10, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-411. Disclosure of contents of electronic communications held in trust when trustee not original user

72-31-411. Disclosure of contents of electronic communications held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the trust instrument or a certification of the trust under 72-38-1013 that includes consent to disclosure of the content of electronic communications to the trustee;
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(a) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(b) evidence linking the account to the trust.
History: En. Sec. 11, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-412. Disclosure of other digital assets held in trust when trustee not original user

72-31-412. Disclosure of other digital assets held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the trust instrument or a certification of the trust under 72-38-1013;
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(a) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(b) evidence linking the account to the trust.
History: En. Sec. 12, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-413. Disclosure of digital assets to conservator of protected person

72-31-413. Disclosure of digital assets to conservator of protected person.
(1) After an opportunity for a hearing under 72-5-408, the court may grant a conservator access to the digital assets of a protected person.
(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:
(a) a written request for disclosure in physical or electronic form;
(b) a certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and
(c) if requested by the custodian:
(i) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(ii) evidence linking the account to the protected person.
(3) A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.
History: En. Sec. 13, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-414. Fiduciary duty and authority

72-31-414. Fiduciary duty and authority.
(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(a) the duty of care;
(b) the duty of loyalty; and
(c) the duty of confidentiality.
(2) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(a) except as otherwise provided in 72-31-405, is subject to the applicable terms of service;
(b) is subject to other applicable law, including copyright law;
(c) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(d) may not be used to impersonate the user.
(3) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(4) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including 45-6-311.
(5) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:
(a) has the right to access the property and any digital asset stored in it; and
(b) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including 45-6-311.
(6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(7) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(a) if the user is deceased, a certified copy of the death certificate of the user;
(b) a certified copy of the letter of appointment of the representative or a collection of personal property affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and
(c) if requested by the custodian:
(i) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(ii) evidence linking the account to the user; or
(iii) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subsection (7)(c)(i).
History: En. Sec. 14, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-415. Custodian compliance and immunity

72-31-415. Custodian compliance and immunity.
(1) Not later than 60 days after receipt of the information required under 72-31-406 through 72-31-414, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(2) An order under subsection (1) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. 2702, as amended.
(3) A custodian may notify the user that a request for disclosure or to terminate an account was made under this part.
(4) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(5) This part does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this part to obtain a court order which:
(a) specifies that an account belongs to the protected person or principal;
(b) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(c) contains a finding required by law other than this part.
(6) (a) Except as provided in subsection (6)(b), a custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this part.
(b) The immunity in subsection (6)(a) does not apply to actions against the state or a political subdivision of the state.
History: En. Sec. 15, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-416. Uniformity of application and construction

72-31-416. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History: En. Sec. 16, Ch. 286, L. 2017.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 31. Miscellaneous Provisions Relating to Fiduciaries › Part 4. Revised Uniform Fiduciary Access to Digital Assets Act › 72-31-417. Relation to Electronic Signatures in Global and National Commerce Act

72-31-417. Relation to Electronic Signatures in Global and National Commerce Act.
This part modifies, limits, or 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. 17, Ch. 286, L. 2017.