72-31-343. Banks and other financial institutions. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:
(1) continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;
(2) establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;
(3) contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
(4) withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
(5) receive statements of account, vouchers, notices, and similar documents from a financial institution and to act with respect to them;
(6) enter a safe deposit box or vault and withdraw or add to the contents;
(7) borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(8) make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;
(9) receive for the principal and act upon a sight draft, warehouse receipt, other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(10) apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(11) consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
History: En. Sec. 5, Ch. 580, L. 1991; amd. Sec. 120, Ch. 494, L. 1993; Sec. 72-31-205, MCA 1991; redes. 72-31-228 by Code Commissioner, 1993; amd. Sec. 34, Ch. 109, L. 2011; Sec. 72-31-228, MCA 2009; redes. 72-31-343 by Code Commissioner, 2011.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 31. Miscellaneous Provisions Relating to Fiduciaries
Part 3. Uniform Power of Attorney Act
72-31-304. Power of attorney is durable
72-31-305. Execution of power of attorney
72-31-306. Validity of power of attorney
72-31-307. Meaning and effect of power of attorney
72-31-308. Nomination of conservator or guardian -- relation of agent to court-appointed fiduciary
72-31-309. When power of attorney effective
72-31-310. Termination of power of attorney or agent's authority
72-31-311. through 72-31-315 reserved
72-31-316. Coagents or successor agents
72-31-317. Reimbursement and compensation of agent
72-31-320. Exoneration of agent
72-31-323. Agent's resignation -- notice
72-31-324. Acceptance of and reliance upon acknowledged power of attorney
72-31-325. Liability for refusal to accept acknowledged power of attorney
72-31-326. Principles of law and equity
72-31-327. Laws applicable to financial institutions and entities
72-31-328. Remedies under other law
72-31-329. through 72-31-335 reserved
72-31-336. Authority that requires specific grant -- grant of general authority
72-31-337. Incorporation of authority
72-31-338. Construction of authority generally
72-31-340. Tangible personal property
72-31-342. Commodities and options
72-31-343. Banks and other financial institutions
72-31-344. Operation of entity or business
72-31-345. Insurance and annuities
72-31-346. Estates, trusts, and other beneficial interests
72-31-347. Claims and litigation
72-31-348. Personal and family maintenance
72-31-349. Benefits from governmental programs or civil or military service
72-31-353. Statutory form power of attorney
72-31-354. Agent's certification
72-31-355. through 72-31-364 reserved
72-31-365. Uniformity of application and construction
72-31-366. Relation to Electronic Signatures in Global and National Commerce Act