Montana Code Annotated 2021

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 31. MISCELLANEOUS PROVISIONS RELATING TO FIDUCIARIES

Part 3. Uniform Power of Attorney Act

Validity Of Power Of Attorney

72-31-306. Validity of power of attorney. (1) A power of attorney executed in this state on or after October 1, 2011, is valid if its execution complies with 72-31-305.

(2) A power of attorney executed in this state before October 1, 2011, is valid if its execution complied with the law of this state as it existed at the time of execution.

(3) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:

(a) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to 72-31-307; or

(b) the requirements for a military power of attorney pursuant to 10 U.S.C. 1044b.

(4) Except as otherwise provided by statute other than this part, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.

History: En. Sec. 5, Ch. 109, L. 2011.