Montana

IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Montana Uniform Power of Attorney Act, Mont. Code §§72-31-301 to 72-31-368. This power of attorney does not authorize the agent to make health- care decisions for you. You should select someone you trust to serve as your agent. Unless the power of attorney provides otherwise, your agent has the power to act on your behalf for all matters covered by this instrument, even if you are able to act for yourself. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. Your agent is required to act in accordance with your reasonable expectations to the extent actually known by your agent and, otherwise, in your best interest, to act in good faith, and to act only within the scope of authority granted in the power of attorney. The law that governs powers of attorney is contained in the Montana Code, Title 72, Chapter 31, Part 3. If you have any questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

AGENT'S DUTIES (Mont. Code §72-31-322). Notwithstanding any provision in this power of attorney, an agent that has accepted appointment shall: (1) act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (2) act in good faith; and (3) act only within the scope of authority granted in this power of attorney. Except as otherwise provided in this power of attorney, an agent that has accepted appointment shall: (1) act loyally for the principal's benefit; (2) act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest; (3) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; (4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (5) cooperate with a person that has authority to make health-care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest; and (6) attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest. An agent that violates the duties under Mont. Code §72-31-322 is liable to the principal or the principal's successors in interest for the amount required to (a) restore the value of the principal's property to what it would have been had the violation not occurred, and (b) reimburse the principal or principal's successors for the attorney's fees and costs paid on the agent's behalf. The agent may also be subject to criminal liability under Montana's exploitation-of-an- older-person and embezzlement statutes for misuse, conversion, or theft of the principal's property.