The Montana power of attorney is a document that enables one person to act on behalf of another and conduct the activities they are authorized for.
The person issuing the power of attorney is called the principal, while the person acting on behalf of the principal is called the agent or attorney-in-fact.
You can use the Montana power of attorney in many cases, namely if you:
Reasons for Authorization
Cannot take care of your own legal or financial matters
Live outside a certain place for a longer period
Wish to authorize another person to make decisions regarding your medical treatment
Types of Power of Attorney in Montana
Montana Durable (Statutory) Power of Attorney Requirements
This type of power of attorney remains valid even after the principal becomes incapacitated. It can become effective after the incapacitation of the principal or right after it is signed.
Montana General (Financial) Power of Attorney Requirements
The Montana general power of attorney is a document that enables the attorney-in-fact to represent the principal without any limitations on the activities they can conduct or the institutions they can interact with.
Montana Limited (Special) Power of Attorney Requirements
By using the Montana special power of attorney, the principal provides a list of actions the agent can take on their behalf and a list of institutions where the agent is allowed to represent the principal.
Montana Parental (Minors) Power of Attorney Requirements
The Montana parental power of attorney enables the agent to have powers regarding the care, custody, or property of a minor child. However, the agent cannot have the power to consent to the marriage or adoption of the minor, and all the powers are limited to 6 months. (§ 72-5-103)
Montana Medical Power of Attorney Requirements
This power of attorney in Montana enables the agent to make decisions regarding the health treatment of the principal. These decisions include, but are not limited to, decisions about keeping the principal on life support and having other life-sustaining treatments.
Montana Springing Power of Attorney Requirements
The Montana springing power of attorney takes effect after a certain condition is fulfilled. That can be a specific date or an event like a principal's incapacitation.
Montana Vehicle Power of Attorney Requirements
With this power of attorney, you can enable another person to purchase, sell, title, register, and do any other activity related to the motor vehicle transfer. Note that if you want to authorize the agent in Montana to complete the car sale on your behalf, the power of attorney must be notarized.
Montana Revocation of Power of Attorney Requirements
If you want to revoke the power of attorney that you have already issued, you can use the revocation form. When making the revocation, make sure you inform the agent about revoking the power of attorney, as well as any relevant third parties the agent was interacting with.
Montana Tax Power of Attorney Requirements
This power of attorney is usually used between the principal and their accountant for correspondence with the Montana tax authorities and for making all the necessary tax reports. Once you sign the Montana tax power of attorney, you should submit it to the Montana Department of Revenue.
Montana Real Estate Power of Attorney Requirements
If you want to authorize your real estate agent to complete the real estate transaction on your behalf, you can do so by issuing a Montana real estate power of attorney. You can also use this document to enable another person to manage your property on your behalf.
Legal Requirements for a Power of Attorney in Montana
Your Montana power of attorney needs to fulfill the following requirements to be considered valid by third parties and governmental agencies:
Witnesses. When issuing the Advance directives, the principal's signature must be confirmed by the 2 witnesses that must also sign the document (§ 50-9-103(1)).
Mental capacity. When signing any kind of power of attorney, the principal must be mentally capable of understanding the consequences of their action.
Notarization. Notarization of a power of attorney is required for delegating the powers connected to the real estate transaction. However, even when it’s not required, you should always notarize your power of attorney when possible. This will confirm the authenticity of the document and prevent any fraudulent activities.
Who Can Be an Agent for a Power of Attorney in Montana?
You can appoint any competent adult as your agent in Montana. That can also be any natural or legal person, as long as they have the legal capacity and can conduct the actions they are authorized for.
The key factor is that the person you choose as your agent is someone you trust, especially if you are authorizing them to have powers regarding your finances and health. In most cases, these can be family members or friends.
However, in certain cases, you want to authorize a person with specific knowledge to represent you in certain matters. This can be an attorney, accountant, or real estate agent, depending on the matter in question.
How to Create a Montana Power of Attorney
Power of Attorney in Montana
#1. Decide on Which Type of Document to Use
Depending on the specific matter you want the agent to represent you in, the duration of the power of attorney, or the type of authority you are giving to the agent, you should choose a different type of Montana power of attorney.
#2. Select an Agent
An agent should be a person with the legal capacity and ability to represent your interests. Moreover, it should be a person that you can trust who is physically able to complete all the actions they are authorized for.
#3. Define the Agent’s Powers
You can issue a general power of attorney that will give your agent broad powers to protect your interests on your behalf. However, in some cases, you must make a specific list of the powers you are delegating to your agent. In this case, you can use the Montana special power of attorney.
#4. Download & Fill in Our Form
Once you know what kind of power of attorney is most suitable for you and decide on who to choose as your agent, download one of the Montana power of attorney templates and enter your details in it.
#5. Get It Signed & Notarized
According to Montana Code § 72-31-305, the principal or an authorized person in the principal's conscious presence must sign the power of attorney. If you are issuing a real estate power of attorney, the document must also be notarized.
#6. Safely Store the Original Copy
The principal should store the original copy, eventually provide another copy for the agent, and make authorized copies for third parties if needed.
#7. Provide Copies to Relevant Parties
You should provide copies of your power of attorney to every third party your agent is interacting with.
#8. Update the Document as Needed
You should ensure your Montana power of attorney contains all the up-to-date details. Therefore, if any of the relevant information changes, you can update your document by issuing a new power of attorney.
How Long Does a Power of Attorney Last in Montana?
In Montana, a power of attorney can either become effective upon the principal’s signature, upon the occurrence of a specific condition, such as the principal's incapacitation, or on a specific date stipulated in the power of attorney.
By default, a Montana power of attorney terminates upon the principal’s incapacitation, unless it is a durable power of attorney. However, in certain situations, the principal may issue a power of attorney for a specific action, which automatically terminates once the action is completed.
Montana Power of Attorney FAQ
You can use the power of attorney when you cannot conduct certain legal, financial, or other types of actions on your own. This can be due to your health or mental condition or the fact that you live far from the location where you can conduct the action.
A power of attorney enables the other person to act on your behalf and conduct the actions you authorize them to do.
In Montana, if you are authorizing a person to complete a real estate transaction instead of you, the power of attorney you are issuing must be notarized.
Even if you have already created a will in Montana, it is always advisable to also have a power of attorney. This is because a power of attorney protects your interests while you are still alive, whereas a will protects them after your passing.