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.
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