A Montana real estate power of attorney is a legal document appointing an agent, or “attorney-in-fact,” to handle real estate transactions on behalf of the principal. This includes buying, selling, leasing, and managing residential or commercial properties.
A power of attorney to execute a mortgage must be recorded with the local Clerk and Recorder’s Office (§ 71-1-102). The principal can opt for a durable or non-durable POA, where the former remains valid even if the principal is incapacitated. The principal’s signature must be notarized, and the principal can revoke the power at any time through a written notice.
Legal Considerations
Statute: § 72-31-339.
Signing Requirements: Notary public (§ 72-31-305).
