Montana Code Annotated 2017

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 31. MISCELLANEOUS PROVISIONS RELATING TO FIDUCIARIES

Part 3. Uniform Power of Attorney Act

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of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and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.