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HOUSE BILL NO. 52
INTRODUCED BY R. MENAHAN
BY REQUEST OF THE DEPARTMENT OF MILITARY AFFAIRS
AN ACT PROVIDING THAT THE 6-MONTH LIMITATION APPLICABLE TO FAMILY CARE POWERS OF ATTORNEY DOES NOT APPLY TO CERTAIN MEMBERS OF THE MONTANA NATIONAL GUARD, THE ACTIVE DUTY MILITARY FORCES, AND THE FEDERAL RESERVES; AMENDING SECTION 72-5-103, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 72-5-103, MCA, is amended to read:
"72-5-103. Delegation of powers by parent or guardian. (1) A parent or a guardian of a minor or incapacitated
person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 6 months, any
of his powers regarding care, custody, or property of the minor child or ward, except his the power to consent to marriage or
adoption of a minor ward.
(2) The 6-month limitation provided in subsection (1) does not apply to:
(a) a member of the Montana national guard who serves for more than 180 continuous days on duty pursuant to Title 10 or 32 of the United States Code or on state active duty pursuant to Article VI, section 13, of the Montana constitution;
(b) a member of the active duty military forces of the United States; or
(c) a member of the federal reserves who serves for more than 180 continuous days on duty pursuant to Title 10 of the United States Code.
(3) As used in this section, "federal reserves" means the United States air force reserve, army reserve, navy reserve, marine corps reserve, or coast guard reserve."
Section 2. Effective date. [This act] is effective on passage and approval.
Section 3. Retroactive applicability. [Section 1] applies retroactively, within the meaning of 1-2-109, to powers of attorney executed before [the effective date of this act].
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Latest Version of HB 52 (HB0052.ENR)
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