Montana Power of Attorney Forms
The Montana Power of Attorney Forms authorizes a person or entity to engage in transactions or tasks on behalf of an individual who has decided to delegate such decision-making powers to them. There are four main types of power of attorney that may be established—durable, general, limited, and springing—each of which state different conditions regarding their validity in certain circumstances. It is thus important that the type of POA selected best suits the individual’s unique circumstances and aims.
What is a Montana Power of Attorney?
A Montana Power of Attorney is used to transfer any decision making powers that an individual, known as the Principal, is willing to delegate to another party, known as the Agent, so that they are able to address any matters set forth in a power of attorney form. A POA should only be drafted if the Principal is doing so on their own accord, without pressure or interference from an outside party. If it is found that the POA was initiated under duress, it will be rendered void.
- Montana Power of Attorney Laws – (Title 72, Chapter 31, Part 3, “Uniform Power of Attorney Act” & Title 50, Chapter 9, “Montana Rights of the Terminally Ill Act”)
- State Definition of Power of Attorney (§ 72-31-302(7)) – “means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.”
- Signing Requirements
- General / Durable Power of Attorney (§ 72-31-305) – State law requires the POA to be signed by the Principal before a Notary Public or another authorized individual. Another individual directed by the Principal may sign the document on their behalf, so long as the signing takes place in the Principal’s conscious presence.
- Durable Power of Attorney for Health Care (§ 50-9-103) The form must be signed by the Declarant and witnessed by two (2) individuals. Another individual may sign for the Declarant at their direction.
Durable (Statutory) Power of Attorney – In an effort to protect an individual’s business or personal affairs even in the event they are deemed legally incapacitated, it is vital that the type of POA used is durable, not general.
Durable Power of Attorney for Health Care – Also referred to as a Medical Power of Attorney, this document allows for an individual’s future health choices to be upheld should one day they find themselves hospitalized due to a serious medical condition or accident.
General (Financial) Power of Attorney – Although this contract bestows broad powers to an agent to act on a principal’s behalf, it is limited by the legal caveat that the powers will be halted if the principal becomes incapacitated.
Limited (Special) Power of Attorney – This type of POA places legal limits on breadth of a POA so that a principal may address a special matter requiring the legal provisions this contract offers.
Minor Child Power of Attorney – While parents have an overarching legal responsibility to take care of their children, they may use this form to nominate another party to assist them to fulfill this responsibility without needing to relinquish their parental rights.
Motor Vehicle Power of Attorney (Form MV65) – The Montana Department of Justice, Motor Vehicle Division allows for power of attorney to be exercised regarding a motor vehicle in accordance with the details given in this form.
Download – Adobe PDF
Real Estate (Property) Power of Attorney – One of the most common POA arrangements of a limited nature is one which entails another party or entity handling an individual’s real estate transactions.
Revocation of Power of Attorney – If a principal so decides, any POA that they have enacted can be ceased with the completion of a Revocation of Power of Attorney.
State Tax Power of Attorney – Encompassing duties relevant to the filing of state taxes, this POA empowers a party of the principal’s selection with the legal right to take charge of this responsibility on their behalf.
Download – Adobe PDF
When is it Effective?
A POA is effective in the state of Montana when, as stated by § 72-31-305, a Principal signs it before a Notary Public or by another authorized individual. It is possible for an individual other the Principal to sign the document on their behalf, provided that they have been directed by the Principal to do so, and they sign it in the Principal’s conscious presence.
For a Durable Power of Attorney for Health Care to be effective, § 50-9-103 requires the form to be signed by the Declarant (or by another individual at the Declarant’s direction) and witnessed by two (2) individuals.