To comply with MT law you’ll need to complete your Power of Attorney form and ensure that it is correctly signed. There are a number of rules that control how this should be done.
Firstly, the people signing the POA must all be legally able to sign a contract. This means they should be able to demonstrate that:
If the Agent is a financial institution, they must have trust powers and a registered place of business within Montana.
The document itself must also be signed in a way that’s legally compliant with Montana state statutes. Under Montana legislation, this must be done in the following way:
Both the Principal and the Agent must sign
A notary public must oversee the signing and sign too
If you are signing a Power of Attorney, you will need to have your signatured acknowledged by a notary public.
Be aware that once the POA document is completed and signed, there are still some steps you’ll need to take if you plan to manage real estate in Montana. You’ll need to register the document with the local clerk and recorder where the property is located within 30 days of signing.
Montana has recognized the Universal Power of Attorney Act (UPOAA) since 2011. Legislature (§ 72-31-365) allows you to use your Power of Attorney in other states that have also adopted the UPOAA. Ensure the outline on your document also follows the legal guidelines of the act as well.