Montana Code 72-31-338. Construction of authority generally
72-31-338. Construction of authority generally. Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates a subject described in 72-31-339 through 72-31-352 or that grants to an agent authority to do all acts that a principal could do pursuant to 72-31-336(3), a principal authorizes the agent, with respect to that subject, to:
Terms Used In Montana Code 72-31-338
- Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. See Montana Code 72-31-302
- Contract: A legal written agreement that becomes binding when signed.
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 72-31-302
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Montana Code 72-31-302
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See Montana Code 72-31-302
- Principal: means an individual who grants authority to an agent in a power of attorney. See Montana Code 72-31-302
- Property: means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein. See Montana Code 72-31-302
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 72-31-302
- Statute: A law passed by a legislature.
(1)demand, receive, and obtain, by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled and conserve, invest, disburse, or use anything so received for the purposes intended;
(2)contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;
(3)execute, acknowledge, seal, file, and record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal’s property and attaching it to the power of attorney;
(4)initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;
(5)seek on the principal’s behalf the assistance of a court or other governmental agency to carry out an act authorized by the power of attorney;
(6)engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;
(7)prepare, execute, and file a record, report, or other document to safeguard or promote the principal’s interest under a statute or regulation;
(8)communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality on behalf of the principal;
(9)access communications intended for and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and
(10)do any other lawful act with respect to the subject and all property related to the subject.