Montana Code Annotated 2023



Part 3. Uniform Power of Attorney Act

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.