A Montana durable power of attorney form is a document that grants someone (the “agent”) the legal authority to act and make decisions for another person (the “principal”) in the state of Montana.
Unlike a regular non-durable power of attorney (POA), a durable power of attorney (DPOA) stays in effect even if the principal becomes incapacitated and legally can’t make their own decisions.
This form is sometimes called a general durable power of attorney and a durable power of attorney for finances, and is used for financial and business matters. To grant durable power over medical decisions, you need a medical power of attorney.
Download a legally-binding Montana durable power of attorney form in fillable PDF and Word formats, and learn how to use it in Big Sky Country.
1. 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: A signature is required.
Notarization: A durable power of attorney doesn’t need to be notarized in Montana, but can be in order to validate it. § 72-31-305
Statutory Form: Yes — § 72-31-353
The durable power of attorney template on this page includes all required language and complies with Montana DPOA laws and regulations.
2. How to Fill Out a Montana DPOA Form
Follow these steps to easily complete our blank durable power of attorney form for Montana:
Step 1: Designate an Agent
First, the principal chooses someone they trust to be their agent. It’s critical that the principal fully understands what power of attorney is and the risks involved in giving legal power to another person.
Both parties write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
The principal needs to mark on the form which areas of their life they want to give the agent legal power over. This can be general authority (e.g., operation of a business) or specific authority (e.g., make a loan).
They can also write specific instructions about which actions the agent can perform on their behalf.
Step 3: Ensure Your Form is Durable
For the power of attorney to continue even if the principal is incapacitated, the form must be made 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.
Don’t forget that in Montana, your form isn’t required to be notarized, but most durable powers of attorney are notarized in case the principal decides to record it with the county.
3. Storing and Using Your Form in Montana
After completing your durable power of attorney form, you should store it in a safe deposit box or secure place in your home.
To use the durable power of attorney, you need to give your agent a copy of the form. You should also give a copy to family members, a trusted friend, and third parties where it will be used (such as your landlord, bank, or a state agency).
Signing on Behalf of the Principal
For an agent to sign on your behalf, contact the third party or place the DPOA will be used, and provide your ID and that of your agent.
The agent can then sign on your behalf as follows:
by [Agent’s name]
Power of attorney
Your agent can use a power of attorney to conduct almost any legal matter that you can do (if granted the authority).
Revoking a Durable Power of Attorney in Montana
A principal can revoke a power of attorney at any time by completing and filing a revocation of power of attorney.
Although a durable power of attorney can’t be revoked if the principal is already incapacitated, it’s possible for a third-party individual to override a power of attorney if they suspect an agent of abuse or negligence.
Although an agent has a ‘fiduciary duty’ to act in the principal’s best interest, this is not always the case. You should always choose someone you trust to be your agent.