Free Montana Power of Attorney (POA) Form

A Montana Power of Attorney allows you to grant authority to an Agent to handle your affairs and sign documents on your behalf. Find out how to get your customized form online now.

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Last Update July 18th, 2024

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Types of Power of Attorney in Montana

There’s more than one type of Power of Attorney in Montana and selecting the correct type can be critical. Each kind offers different types of powers to an Attorney-in-Fact (also known as an Agent). Therefore, you must create the right class of document, in order for your POA to work as intended.

The most common kinds of POA available in Montana include the following examples:

  • Durable Power of Attorney: Allows your Agent to handle estate management when you reach advanced age or if you become incapacitated through injury or disability.
  • General Power of Attorney: Gives your Agent a wide mix of responsibilities over your general financial affairs. This authority expires, however, if you become incapacitated.
  • Limited Power of Attorney: Lets an Agent have authority over a few specific, often one-off, tasks for a short period of time.
  • Medical Power of Attorney: Permits your representative to make urgent medical decisions for you if you are unconscious or incapacitated.
  • Real Estate Power of Attorney: Grants an Agent authority to buy and sell property in your name, or handle other real estate management tasks.
  • Vehicle (DMV) Power of Attorney: Gives your Agent permission to represent you at a local Motor Vehicle Division (MVD) office in Montana or handle the buying and selling of vehicles you own.
  • Springing Power of Attorney: This is a type of POA that is activated only when certain situations arise. This might, for example, be when you become incapacitated or if an urgent issue arises where someone needs to act for you when you’re out of the country.
  • Minor (Child) Power of Attorney: Allows you to delegate your parental rights over a child to a chosen Agent. This might be necessary if you serve in the military overseas or work abroad for long periods at a time.
  • Tax Power of Attorney: Gives your Agent the authority to represent you at the Montana Department of Revenue office, allowing them to complete, sign and submit government financial forms on your behalf.

How to Get a Power of Attorney in Montana

There are a few ways to get a Power of Attorney in Montana. This gives you 3 specific options to choose from:

  1. Get it online: You can get a complete Montana Power of Attorney document using our online legal form maker. This will walk you step-by-step through the information you’ll need to add and help you make a legally compliant document.
  2. Go to a lawyer: You can hire a lawyer to draw up a Power of Attorney form for you in Montana. However, this is often a more costly process and will often take longer to complete.
  3. Get it from a government office: Pre-printed forms for Vehicle POAs can be obtained from Montana government offices such as the MVD.

Montana Power of Attorney Requirements

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:

  • They are over 18 years old
  • They are sound of mind
  • They understand the agreement being signed

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:

  1. Both the Principal and the Agent must sign
  2. A notary public must oversee the signing and sign too
  3. 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.

Montana Power of Attorney Sample

Looking over a completed Montana POA sample is a good place to start when you’re planning to create your own document. Use our template example below to understand the information that goes into this form and to learn more about what your document can do.

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Montana Power of Attorney Form

FAQs About Montana Power of Attorney Forms

It is important to have a good understanding of what Montana Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

Does a Power of Attorney in Montana Need to Be Notarized?

Yes, Montana Powers of Attorney require a notary public to oversee the signing of the document by the Principal and Agent. Additionally, 2 witnesses must also be present when a Real Estate Power of Attorney is signed in order to legally validate the agreement.

When creating a Medical Power of Attorney, however, you can opt for 2 witnesses to observe the signing. This can be done instead of using a notary.

How Long Does a Montana Power of Attorney Last for?

Depending on the type of Power of Attorney you create, a Montana POA can potentially last until your death.

If you create a Durable Power of Attorney in Montana, unless you specify otherwise, your Agent will retain their powers until they are revoked or you pass away. This is of course, unless your POA document specifies a set date that the powers will lapse.

With a Montana General Power of Attorney, however, your Agent will not be able to act for you after you become incapacitated for any reason due to injury, disability or advanced old age. These agreements end instantly if the Principal is no longer mentally sound, falls unconscious, or dies.

Who Can Override a Montana Power of Attorney?

There are a few ways to override a Power of Attorney. First of all, you can simply revoke it, as the Principal retains the right to remove the powers at any time.

If on the other hand, you wish to revoke the Montana Power of Attorney of an already incapacitated family member, you will have to write to the Agent to ask them to formally step down as POA. If they refuse, you may then need to take the matter to court and appoint guardianship to render the powers of the Agent inactive.

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Montana Power of Attorney Form

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STATUTORY FORM POWER OF ATTORNEY
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 Uniform Power of Attorney Act, Title 72, chapter 31, part 3.

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 you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

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.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________
DURABLE POWER OF ATTORNEY
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act, Title 72, chapter 31, part 3:

(INITIAL each subject you want to include in the agent's general authority.)

________ Real property
________ Tangible personal property
________ Stocks and bonds
________ Commodities and options
________ Banks and other financial institutions
________ Operation of entity or business
________ Insurance and annuities
________ Estates, Trusts, and Other Beneficial Interests
________ Claims and Litigation
________ Personal and Family Maintenance
________ Benefits from governmental programs or civil or military service
________ Retirement plans
________ Taxes
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
SPECIAL INSTRUCTIONS
My Agent is entitled to reasonable compensation for services rendered as my Agent.
My Agent is entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
EFFECTIVE DATE
This power of attorney shall be effective immediately and will continue to be effective until the principal's death, even if the principal became incapacitated, except as may be provided otherwise by an applicable state statute.
This Power of Attorney may be revoked or terminated by the principal at any time by providing written notice to the Agent(s).
RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURES

Dated ____________________, _____, at _________, Montana.

  
__________________________________________________
_________Date
  


Address: _________
Telephone Number: _________
Email Address: _________

__________________________________________________
_________Date
NOTARY ACKNOWLEDGMENT

State of Montana
_________ County



This document was acknowledged before me on _______________.
 (date)



by ___________________________________
     _________


_____________________________________
(Seal, if any)



Signature of Notary: __________________________________

My commission expires: _______________________________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal’s name) by (Your signature) as agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence, and diligence;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act, Title 72, chapter 31, part 3. If you violate the Uniform Power of Attorney Act, Title 72, chapter 31, part 3, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.
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