Montana § 72-5-502 Health Care Power Of Attorney Not Revoked Until Notice

Montana Statutes

§ 72-5-502 — Health Care Power Of Attorney Not Revoked Until Notice

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 5 UPC -- PERSONS UNDER DISABILITY GUARDIANSHIP AND CONSERVATORSHIP·Part 5 Powers of Attorney

72-5-502 . Health care power of attorney not revoked until notice.

(1)The disability or incapacity of a principal who has previously executed a health care power of attorney that is not a durable health care power does not revoke or terminate the agency as to the attorney-in-fact or other person who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power.

(2)As to acts undertaken in good faith reliance on a health care power of attorney, an affidavit executed by the attorney-in-fact or agent stating that the attorney-in-fact or agent did not have, at the time of exercising the power, actual knowledge of the termination of the power by revocation or of the principal's disability or incapacity is proof of the nonrevocation or nontermin

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72-5-502 . Health care power of attorney not revoked until notice. (1) The disability or incapacity of a principal who has previously executed a health care power of attorney that is not a durable health care power does not revoke or terminate the agency as to the attorney-in-fact or other person who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power.
(2) As to acts undertaken in good faith reliance on a health care power of attorney, an affidavit executed by the attorney-in-fact or agent stating that the attorney-in-fact or agent did not have, at the time of exercising the power, actual knowledge of the termination of the power by revocation or of the principal's disability or incapacity is proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable.
(3) This section does not affect any provision in a health care power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.

Montana § 72-5-502 (Health Care Power Of Attorney Not Revoked Until Notice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. 91A-5-502 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-502; amd. Sec. 2, Ch. 283, L. 1985; amd. Sec. 2440, Ch. 56, L. 2009; amd. Sec. 27, Ch. 109, L. 2011.