{"data":{"id":"us-mt/72-31-325","jurisdiction":"us-mt","citation":"72-31-325","heading":"Liability for refusal to accept acknowledged power of attorney.","body":"(1) Except as otherwise provided in subsection (2):\n(a) a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under 72-31-324(4) no later than 7 business days after presentation of the power of attorney for acceptance;\n(b) if a person requests a certification, a translation, or an opinion of counsel under 72-31-324(4), the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation, or opinion of counsel; and\n(c) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.\n(2) A person is not required to accept an acknowledged power of attorney if:\n(a) the person is not otherwise required to engage in a transaction with the principal in the same circumstances;\n(b) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;\n(c) the person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;\n(d) a request for a certification, a translation, or an opinion of counsel under 72-31-324(4) is refused;\n(e) the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under 72-31-324(4) has been requested or provided; or\n(f) the person makes or has actual knowledge that another person has made a report to the local office of the department of public health and human services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.\n(3) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:\n(a) a court order mandating acceptance of the power of attorney; and\n(b) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 31. MISCELLANEOUS PROVISIONS RELATING TO FIDUCIARIES","Part 3. Uniform Power of Attorney Act"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0310/part_0030/section_0250/0720-0310-0030-0250.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:24Z","sha256":"bb4aa2d1b01ca796fd28c6f95611d2edac782407146114d43cb9248853d5e74b","source_id":"us-mt","stale":false,"prev":"us-mt/72-31-324","next":"us-mt/72-31-326"},"notice":"GroundRules: Original legal text. Not legal advice."}