2021 Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 31. Miscellaneous Provisions Relating to Fiduciaries
Part 3. Uniform Power of Attorney Act
72-31-367. Effect on existing powers of attorney
72-31-367. Effect on existing powers of attorney. Except as otherwise provided in this part, on October 1, 2011:
(1) this part applies to a power of attorney created before, on, or after October 1, 2011, unless it is a health care power of attorney;
(2) this part applies to a judicial proceeding concerning a power of attorney commenced on or after October 1, 2011, unless it is a health care power of attorney;
(3) this part applies to a judicial proceeding concerning a power of attorney commenced before October 1, 2011, unless the court finds that application of a provision of this part would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
(4) an act done before October 1, 2011, is not affected by this part.
History: En. Sec. 48, Ch. 109, L. 2011.