Montana Code 72-5-439. Payment of debt and delivery of property to foreign conservator without local proceedings
72-5-439. Payment of debt and delivery of property to foreign conservator without local proceedings. (1) A person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other fiduciary appointed by a court of the state or residence of the protected person upon being presented with proof of the conservator’s, guardian’s, or fiduciary’s appointment and an affidavit made by the conservator, guardian, or fiduciary or on the conservator’s, guardian’s, or fiduciary’s behalf stating that:
Terms Used In Montana Code 72-5-439
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)no protective proceeding relating to the protected person is pending in this state; and
(b)the foreign conservator is entitled to payment or to receive delivery.
(2)If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.