2017 Montana Code Annotated
TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
CHAPTER 5. UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP
Part 1. General Provisions
72-5-103. Delegation of powers by parent or guardian
72-5-103. Delegation of powers by parent or guardian. (1) A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 6 months, any powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.
(2) The 6-month limitation provided in subsection (1) does not apply to:
(a) a member of the Montana national guard who serves for more than 180 continuous days on duty pursuant to Title 10 or Title 32 of the United States Code or on state military duty as defined in 10-1-1003;
(b) a member of the active duty military forces of the United States; or
(c) a member of the federal reserves who serves for more than 180 continuous days on duty pursuant to Title 10 of the United States Code.
(3) As used in this section, "federal reserves" means the United States air force reserve, army reserve, navy reserve, marine corps reserve, or coast guard reserve.
History: En. 91A-5-104 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-104; amd. Sec. 1, Ch. 104, L. 1999; amd. Sec. 9, Ch. 235, L. 2015.
