Title 72, Title 72

(1) An anatomical gift authorizes any reasonable examination necessary to ensure medical acceptability of the gift for the purposes intended. Unless prohibited by law other than this chapter, an examination may include an examination of all medical and dental records of the donor…

(1) Delivery of a document of gift during the donor's lifetime is not required for the validity of an anatomical gift. (2) If an anatomical gift is made to a designated donee, the document of gift, or a copy, may be delivered to the donee to expedite the appropriate procedures af…

(1) At or near the time of death of a hospitalized patient, the hospital administrator or a representative designated by the administrator shall notify the appropriate procurement organization and, if the reason for death falls under 46-4-122, the coroner with jurisdiction of the…

(1) Subject to subsections (2) and (3), any member of the following classes of persons who is reasonably available, in the order of priority listed, may make an anatomical gift of all or a part of the decedent's body for a purpose authorized in 72-17-201(1) unless the decedent, a…

(1) The coroner may release and permit the removal of a part from a body within that official's custody, for transplantation or therapy, if: (a) the official has received a request for the part from a hospital, physician, surgeon, or procurement organization; (b) the official has…

(1) For the purposes of this section, the following definitions apply: (a) "Advance health care directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health care decision for the pr…

(1) A county coroner, medical examiner, or associate medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (2) A part may not be removed from the…

(1) Upon request of a procurement organization, a county coroner, medical examiner, or associate medical examiner shall release to the procurement organization the name, contact information, and available medical history of a decedent whose body is under the jurisdiction of the c…

(1) Subject to 72-17-202 and 72-17-218, the rights of a donee created by an anatomical gift are superior to rights of others under 72-17-214(1), except with respect to autopsies. A donee may accept or reject an anatomical gift. If the donee accepts an anatomical gift of the entir…

(1) A person may not knowingly, for valuable consideration: (a) purchase or sell a part for: (i) transplantation or therapy, if removal of the part is intended to occur after the death of the decedent; or (ii) research, education, or the training of search and rescue canines; or …

Any person that knowingly falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal in order to obtain a financial gain commits a felony and upon conviction is subject to a fine not exceeding $50,000 or…

(1) Eye enucleations for purposes of anatomical gifts may be performed: (a) by a licensed physician or surgeon; or (b) by an enucleator trained in eye enucleation. (2) An acceptable course in eye enucleation must include the anatomy and physiology of the eye, instruction in maint…

Any bank or storage facility that furnishes to the department written evidence of its membership and certification and reports and recommendations for future compliance, granted by the eyebank association of America, is approved for receipt and storage of eye tissue for the term …

This chapter may be cited as the "Montana Uniform Transfers to Minors Act".

As used in this chapter, unless the context requires otherwise, the following definitions apply: (1) "Adult" means an individual who has attained the age of 21 years. (2) "Benefit plan" means an employer's plan for the benefit of an employee or partner. (3) "Broker" means a perso…

(1) This chapter applies to a transfer that refers to this chapter in the designation under 72-26-603(1) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in t…

This chapter applies to a transfer within the scope of 72-26-503 made after October 1, 1985, if: (1) the transfer purports to have been made under the provisions of Title 72, chapter 26, parts 1 through 4 (repealed by section 25, Chapter 102, Laws of 1985); (2) the instrument by …

(1) Any transfer of custodial property as now defined in this chapter made before October 1, 1985, is validated notwithstanding that there was no specific authority in Title 72, chapter 26, parts 1 through 4 (repealed by section 25, Chapter 102, Laws of 1985), for the coverage of…

This chapter must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

(1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian, followed in substan…

A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.

(1) Custodial property is created and a transfer is made whenever: (a) an uncertificated security or a certificated security in registered form is either: (i) registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance b…

A person may make a transfer by irrevocable gift to or the irrevocable exercise of a power of appointment in favor of a custodian for the benefit of a minor pursuant to 72-26-603.

(1) A personal representative or trustee may make an irrevocable transfer pursuant to 72-26-603 to a custodian for the benefit of a minor as authorized in the governing will or trust. (2) If the testator or settlor has nominated a custodian under 72-26-601 to receive the custodia…

(1) Subject to subsection (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to 72-26-603, in the absence of a will or under a will or trust that does not contain an authori…

(1) Subject to subsections (2) and (3), a person not subject to 72-26-605 or 72-26-606 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to 72-26-603. (2) If a …

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter.

(1) The validity of a transfer made in a manner prescribed in this chapter is not affected by: (a) failure of the transferor to comply with 72-26-603(3) concerning possession and control; (b) designation of an ineligible custodian, except designation of the transferor in the case…

(1) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. (2) This section do…

(1) A custodian shall: (a) take control of custodial property; (b) register or record title to custodial property if appropriate; and (c) collect, hold, manage, invest, and reinvest custodial property. (2) In dealing with custodial property, a custodian shall observe the standard…

(1) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to: (a) the duty or ability of the custodian perso…

(1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (2) Except for one who is a transferor under 72-26-604, a custodian has a noncumulative election during each calendar year to charge…

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: (1) the va…

(1) A claim may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor when it is based on: (a) a contract entered into by a custodian acting in a custodial …

(1) A person nominated under 72-26-601 or designated under 72-26-603 as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has …

(1) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court: (a) for an accounting by the custodian or the custodia…

The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: (1) the minor's attainment of 21 years of age with respect to custodial property transferred under 72-26-604 or 72-26-605; (2) the minor's attai…

This chapter may be cited as the "Uniform Prudent Management of Institutional Funds Act".

In this chapter, the following definitions apply: (1) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the c…

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among those states that enact it.

(1) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument or instrument of donor intent on the management, investment, or purpose of an institutional fund. A release or modification may not allow…

(1) Subject to the intent of a donor expressed in a gift instrument or instrument of donor intent, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund. (2) In additio…

(1) Subject to the intent of a donor expressed in the gift instrument or instrument of donor intent and to subsection (4), an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, pu…

(1) Subject to any specific limitation set forth in a gift instrument, in an instrument of donor intent, or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution co…

Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken and not by hindsight.

This chapter applies to institutional funds existing on or established after October 1, 2007. As applied to institutional funds existing on October 1, 2007, this chapter governs only decisions made or actions taken on or after that date.