What Is a Montana Power of Attorney?
A Montana power of attorney lets someone else make decisions regarding your property, finances, or health care. As the principal, you assign a power of attorney for convenience so that someone can act when you’re not present. This estate planning tool also helps you prepare for your incapacity, as someone can act for you when you cannot make decisions for yourself.
To write a power of attorney in Montana, you must be mentally capable. You must have also reached adulthood to execute a POA. No one under 18 will be allowed to execute this document.
Types of Powers of Attorney in Montana
Like other states, Montana has adopted the Uniform Power of Attorney Act. Through this act, the state recognizes various types of powers of attorney. Choose the one that’s best for you, depending on your situation and the type of authority you want to grant.
Durable vs. Non-Durable Power of Attorney
If you want the power of attorney to last through your incapacity, choose a durable power of attorney. This document provides the broadest authority, as it remains intact even if you develop an incapacity. You can still award and withhold specific powers, depending on your preferences.
While convenient for estate planning, a durable power of attorney may be too influential for your current needs. Instead, you could use a non-durable power of attorney, which ends when you become incapacitated. In Montana, a power of attorney is durable unless the document states otherwise, per MT Code § 72-31-304.
Medical Power of Attorney
A medical power of attorney form gives an agent the authority to decide your medical treatment when you can’t do so. These decisions can include choosing doctors or hospitals, authorizing surgery, and approving medications. To be durable, a health care POA must explicitly state that disability does not affect it, per MT Code § 72-5-501.
Financial Power of Attorney
Principals can grant many different powers to an agent as it relates to their financial affairs. For example, a power of attorney in Montana could give an agent the ability to take actions that affect your:
- real estate
- personal property
- stocks and bonds
- financial accounts
- estates and trusts
- businesses
- insurance and annuities
- claims and litigation
- taxes
- retirement plans
Durable (Financial)
Use so a power of attorney will still apply even if you can no longer make decisions on your own behalf.
Signing Requirements: Notary public (§ 72-31-305).
Medical
Designate another person to act on your behalf as it relates to health care decisions, including deciding treatment and signing documents for you.
Signing Requirements: Two witnesses (§ 50-9-103).
Limited (Special)
Give limited powers to an agent for specific tasks.
Signing Requirements: Notary public (§ 72-31-305).
Non-Durable (General)
Give power over the financial aspects of your life.
Signing Requirements: Notary public.
Springing
Comes in effect only when a specific event occurs in the future.
Signing Requirements: Notary public.
Vehicle (Form MV65)
Allows you to appoint someone to make decisions concerning your motor vehicle.
Signing Requirements: Notary public.
Real Estate
Enables an agent to manage the principal's property matters.
Signing Requirements: Notary public.
Tax (Dept. of Revenue)
Designate a qualified individual to handle your tax matters with the Montana's Department of Revenue.
Minor (Child)
Assigns provisional guardianship for a child's wellbeing.
Signing Requirements: Notary public.
How to Write a Power of Attorney for Montana
When writing a power of attorney for Montana, first decide who your agent will be. Clearly name them in your document, and identify yourself as the principal. Then, be sure to include the following elements in your Montana POA:
- the powers you want to grant to the agent
- the effective date of the POA
- the POA’s duration
- restrictions or conditions of the agent’s powers
- events that would lead to the termination of the agent’s powers
Our document builder ensures you include all essential elements. Safeguard your future and any decisions that may need to be made by creating your Montana power of attorney today.
Legal Requirements and Considerations for Montana POAs
Consider the following legal requirements for your Montana power of attorney to be legally enforceable.
Duration
You can create a Montana POA without an end date in mind or have it end when it fulfills a specific purpose. For example, you may create a financial POA that lasts for as long as your military service. This way, your agent can make decisions while you’re away, but they lose their power when you return. You could also have a POA expire when a specific task is done, like completing a real estate sale.
Termination
Per MT Code § 72-31-310, a Montana power of attorney ends if one of the following events happens:
- the principal or agent dies
- the agent develops an incapacity
- the agent resigns
- the power of attorney ends under its established terms
- the principal revokes the power of attorney
- the court orders a termination of the power of attorney
If your spouse is your agent, their authority will be revoked if either party files a petition for divorce or separation. Additionally, you may want to meet with a divorce attorney or confirm the termination of the POA in the court’s divorce decree.
Revocation
A revocation of a power of attorney form lets you revoke a previously enacted POA. You must share the signed and dated form with any organizations that previously referred to the original document. Even though you have ended the agent’s authority, they can still legally act on your behalf until they receive notice of the revocation.
Filing
A bank, credit union, or another institution that relies on your POA may require you to file it with their entity. A power of attorney for real estate may require filing with your local land records office, so be sure to check the requirements in your jurisdiction.
Signing and Notarization
Per MT Code § 72-31-305, the principal must sign and date the POA or direct someone else to do it on their behalf while in their conscious presence. While it’s not mandated by law, notarizing your form can limit the possibility of future disputes over its legitimacy.
