Montana Code Annotated 2023



Part 3. Uniform Power of Attorney Act

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.