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.
Last Update January 30th, 2023
- Types of Power of Attorney in Montana
- How to Get a Power of Attorney in Montana
- Montana Power of Attorney Requirements
- Montana Power of Attorney Sample
- FAQs About Montana Power of Attorney Forms
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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:
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.
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.
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:
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.
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.
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 . 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.