72-31-367. Effect on existing powers of attorney. Except as otherwise provided in this part, on October 1, 2011:
(1) this part applies to a power of attorney created before, on, or after October 1, 2011, unless it is a health care power of attorney;
(2) this part applies to a judicial proceeding concerning a power of attorney commenced on or after October 1, 2011, unless it is a health care power of attorney;
(3) this part applies to a judicial proceeding concerning a power of attorney commenced before October 1, 2011, unless the court finds that application of a provision of this part would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
(4) an act done before October 1, 2011, is not affected by this part.
History: En. Sec. 48, Ch. 109, L. 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