72-31-304. Power of attorney is durable. A power of attorney created under this part is durable unless it expressly provides that it is terminated by the incapacity of the principal.

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Terms Used In Montana Code 72-31-304

  • Incapacity: means inability of an individual to manage property or business affairs because the individual:

    (a)has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or

    (b)is:

    (i)missing; or

    (ii)outside the United States and unable to return. 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