{"data":{"id":"us-mt/72-40-105","jurisdiction":"us-mt","citation":"72-40-105","heading":"Exclusions.","body":"(1) In this section, \"power of appointment\" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.\n(2) This part does not apply to a:\n(a) power of appointment;\n(b) power to appoint or remove a trustee or trust director;\n(c) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;\n(d) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:\n(i) the beneficiary; or\n(ii) another beneficiary represented by the beneficiary under 72-38-301 through 72-38-305 with respect to the exercise or nonexercise of the power; or\n(e) power over a trust if:\n(i) the terms of the trust provide that the power is held in a nonfiduciary capacity; and\n(ii) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, as amended, and regulations issued under it, as amended.\n(3) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property, which is exercisable while the person is not serving as a trustee, is a power of appointment and not a power of direction.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 40. UNIFORM DIRECTED TRUST ACT","Part 1. General Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0400/part_0010/section_0050/0720-0400-0010-0050.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:36Z","sha256":"3c6787e5747d2992fe58f38ffc515c9dae418b46870b62d2829b30ce551319b2","source_id":"us-mt","stale":false,"prev":"us-mt/72-40-104","next":"us-mt/72-40-106"},"notice":"GroundRules: Original legal text. Not legal advice."}