A Montana durable power of attorney (DPOA) 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.
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.