Montana Code 72-31-348. Personal and family maintenance
72-31-348. Personal and family maintenance. (1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
Terms Used In Montana Code 72-31-348
- 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
- Amortization: Paying off a loan by regular installments.
- Contract: A legal written agreement that becomes binding when signed.
- Customary: means according to usage. See Montana Code 1-1-206
- Dependent: A person dependent for support upon another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 72-31-302
- Usual: means according to usage. See Montana Code 1-1-206
(a)perform the acts necessary to maintain the customary standard of living of the principal and the following individuals, whether living when the power of attorney is executed or later born:
(i)the principal’s children;
(ii)other individuals legally entitled to be supported by the principal; and
(iii)the individuals whom the principal has customarily supported or indicated the intent to support;
(b)make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
(c)provide living quarters for the individuals described in subsection (1)(a) by:
(i)purchase, lease, or other contract; or
(ii)paying the operating costs, including interest, amortization payments, repairs, and taxes, on premises owned by the principal or occupied by those individuals;
(d)provide for normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in subsection (1)(a);
(e)pay expenses for necessary health care and custodial care for the individuals described in subsection (1)(a);
(f)act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act of 1996, sections 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d, et seq., and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;
(g)continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in subsection (1)(a);
(h)maintain credit and debit accounts for the convenience of the individuals described in subsection (1)(a) and open new accounts; and
(i)continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or continue contributions to those organizations.
(2)Authority with respect to personal and family maintenance is neither dependent upon nor limited by authority that an agent may or may not have with respect to gifts under this part.