A Montana durable power of attorney form allows someone (“an agent”) to make legal decisions on behalf of another person (“a principal”). When granting this authority, the principal must be sound of mind and aware that the form will remain effective upon his or her disability or incapacity.
In Montana, a DPOA is usually needed for financial-related affairs, like depositing checks, filing taxes, or conducting real estate transactions.
Read on to learn how to use a DPOA in the Big Sky Country.
Montana Durable Power of Attorney Requirements
In Montana, power of attorney forms are durable by default.
Relevant Laws: §§ 72-31-301 — 72-31-367 (Uniform Power of Attorney Act)
Presumed Durable: Yes. § 72-31-304
Signing: The signature of the principal is required.
Notarization: The signature is assumed to be genuine if it was acknowledged before a notary public. (§ 72-31-305) If the agent signs the optional Agent Certification, this signature should also be acknowledged before a notary public.(§ 72-31-354) For a Real Estate Power of Attorney, the signature must also be witnessed by 2 individuals in order to make the form legally valid.
Statutory Form: Yes — § 72-31-353
How to Fill Out a Montana DPOA Form
Follow these steps to create a durable power of attorney form for Montana:
Step 1: Designate an Agent
The principal has to decide who will serve as their agent. The latter does not have to be a relative, but they should be trustworthy and understand the responsibilities outlined in the DPOA. Ideally, the principal should not name someone who is ill, has trouble managing money, or lacks experience with finance-related affairs.
Once the agent has been designated, both parties should write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
The agent should be informed about the powers granted in the DPOA document and should be fully aware of the actions expected from them. To this end, the principal should also describe their financial interests and how the agent’s decisions could affect them.
Under the Montana Uniform POA Act, there are specific powers that can be granted to the agent in the following areas:
- real estate
- stocks and bonds
- banks and financial institutions
- business operations
- benefits from governmental programs or civil or military service
- retirement plans
The principal can select all of them, or opt for specific areas they want to give the agent power over. They can also write specific instructions about which actions the agent can perform on their behalf.
Step 3: Ensure Your Form Is Durable
In Montana, a power of attorney is presumed to be durable unless it’s specified to be non-durable on the form.
Step 4: Sign and Date the Form
To complete the paperwork, the agent and the principal sign and date the durable power of attorney form.
In Montana, your form should be notarized as well.
Storing and Using Your Form in Montana
Your durable power of attorney form should be stored in a safe deposit box or secure place in your home.
A copy of the form should also be provided to your agent, family members, and third parties where it will be used (such as your landlord, bank, or a state agency).
Signing on Behalf of the Principal
Some institutions in Montana may require proof of the agent’s authority. Under the Montana Uniform POA Act, the agent may sign and notarize an optional Agent’s Certification form to attest to the facts listed in the DPOA.
The agent can sign on your behalf as follows:
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Montana
A principal can revoke a power of attorney by completing and filing a revocation of power of attorney. Once the revocation is complete, the principal should also notify the relevant institutions with whom the agent conducted business.
If a spouse is named as an agent on a DPOA, that designation expires automatically if any of the parties file for divorce in Montana.