A Montana revocation power of attorney form is used to cancel a previously executed power of attorney. After revoking, inform your agent that they can no longer act on your behalf. Notify any entities relying on your POA that the agent’s authority is revoked. Distribute copies of the revocation, marked “REVOKED,” along with the original POA to all relevant parties.
Legal Considerations
Statute – Title 72, Chapter 31, Part 3: Montana Uniform Power of Attorney Act.
Termination – § 72-31-310
Signing Requirements – There are no specific statutory signing requirements to revoke the previous power of attorney, but it is a good idea to sign and have your revocation notarized in the same way that the original document was executed.
Revocation and Termination
You have the right to revoke your Power of Attorney at any time, provided you are mentally competent to make such decisions (§ 72-31-310).
Here’s the process:
- Document Your Decision: Formalize your cancellation in writing.
- Inform Your Agent: Ensure your agent and any others using the document are aware of your revocation
Fees
- Notary Fees: Notarization of your POA revocation in Montana costs $5 to $10 per signature.
- Legal Fees: You can revoke a POA yourself, but consulting an attorney is advisable for complex situations. Legal fees vary, with some attorneys charging $100 to $500 for flat-rate services and others billing hourly.
- Recording Fees: If you recorded the original POA with a Montana County Clerk and Recorder’s Office, record the revocation there too. Fees range from $20 to $50, depending on the county.
Resources
- Montana Legal Services Association – A non-profit providing free legal assistance to low-income individuals and families.
- State Bar of Montana – A professional association committed to enhancing the practice of law and administration of justice in Montana.
Related Forms
Medical Power of Attorney
Signing Requirements: Two witnesses (§ 50-9-103).
Durable Power of Attorney
Signing Requirements: Notary public (§ 72-31-305).
Vehicle Power of Attorney (Form MV65)
Signing Requirements: Notary public.
Minor (Child) Power of Attorney
Signing Requirements: Notary public.
