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Statutes – Montana Uniform Power of Attorney Act (§ 72-31-301 – 72-31-367) and Montana Rights of the Terminally Ill Act (§ 50-9-101 – 50-9-111)
Definition – “Power of attorney” 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 (§ 72-31-302(7)).
Signing Requirements – Power of attorney forms designed to deliver authorization(s) connected to financial holdings, tax matters, and legal affairs require a notary to corroborate all requested signatures (§ 72-31-305). Advance directives (combined medical POA/living will document) demand that two (2) witnessing parties supervise the event of endorsement by applying their respective endorsements as instructed (§ 50-9-103(1)).
Revocation – § 72-31-310 and § 72-5-502
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Incorporates a living will with a medical power of attorney to designate a patient’s choice actions and agent nomination for future health care scenarios.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment needed to affirm the arrangement will obligate that two (2) subscribing witnesses supervise the event of the document’s execution.
Durable (Financial) Power of Attorney – Secures a registered transfer of allocated controls from one person to another. The gained authorization(s) stand to remain active even under circumstances of the declarant’s incapacity.
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Signing Requirements: Acknowledgment from a valid notary official will be necessary to support the claim.
General (Financial) Power of Attorney – Creates agency for an individual to legally act on behalf of an issuing principal regarding financial, tax, legal and other specified matters.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment regulations stipulate that notarization be recorded at the time of signing.
Limited (Special) Power of Attorney – Expresses an endowment of explicitly defined privileges from a declaring party to an appointed agent.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by notary needed to confirm endorsements.
Minor Child Power of Attorney – Suffices as a contractual allowance authorizing a secondary adult temporary rights associated with parentage to take care of a child in the absence of the parent(s).
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Signing Requirements: The state’s annotated code mandates that the form be professionally notarized to be considered legitimate.
Motor Vehicle Power of Attorney – Structures a legal transcript to verify a declaring individual’s transfer of agency to a third party in regard to a vehicle.
Download: PDF
Signing Requirements: Acknowledgment from a notary is required.
Real Estate Power of Attorney – Clarifies an understanding to grant a person the right to purchase, sell, manage, or refinance a property belonging to another.
Download: PDF, Word (.docx)
Signing Requirements: The state of Montana legislature distinctively states that notarization must be captured to enact the contract terms.
Revocation of Power of Attorney – Used to invalidate a currently instated power of attorney document at the command of a principal party.
Download: PDF, Word (.docx)
Signing Requirements: Notary corroboration is mandatory to enforce the arrangement according to state law.
Tax Power of Attorney – Qualifies allowance of a tax professional to speak with revenue agencies and make decisions related to an individual’s taxes on the state level.
Download: PDF
Signing Requirements: Acknowledgment from all involved taxpayers and representatives are required to complete and establish the agency.
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