72-31-337. Incorporation of authority. (1) An agent has authority described in 72-31-336, 72-31-339 through 72-31-352, and this section if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in 72-31-339 through 72-31-352 or cites the section in which the authority is described.

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Terms Used In Montana Code 72-31-337

  • 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
  • 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

(2)A reference in a power of attorney to general authority with respect to the descriptive term for a subject in 72-31-339 through 72-31-352 or a citation to a section of 72-31-339 through 72-31-352 incorporates the entire section as if it were set out in full in the power of attorney.

(3)A principal may modify authority incorporated by reference.