The Montana Durable (Financial) Power of Attorney supplies a designated third party with the ability to perform select actions on behalf of another. Durable commitments differ from a general or limited POA agreement because the issued powers will endure even under circumstances where the principal is deemed legally incapacitated. The contract can be adapted to conform to a “springing” (once the declarant reaches a point of incapacity) or immediate delivery (upon the form’s execution) as desired by the principal.
Laws
Statute – Title 72, Chapter 31, Part 3: Montana Uniform Power of Attorney Act
Definition – “Durable” with respect to a power of attorney, means not terminated by the principal’s incapacity (§ 72-31-302(2)).
Signing Requirements – Notarization must take place at the moment of signing to affirm certification of agreement (§ 72-31-305).
Revocation – § 72-31-310
Statutory Versions (3)
Download: Adobe PDF, MS Word (.docx)
Instructions: Adobe PDF
Montana Legal Services Association Version
Download: Adobe PDF
Instructions: Adobe PDF
Montana State University Version
Download: Adobe PDF
Additional Resources
- Montana Land and Title Association – Power of Attorney Guide
- Montana Law Help – Power of Attorney in Montana (Financial)
- Montana State University – Financial Power of Attorney Information
- Montana State University – Power of Attorney Guide
Related Forms
Advance Directive (Medical POA & Living Will)
Download: Adobe PDF, MS Word (.docx)
General (Financial) Power of Attorney
Download: Adobe PDF, MS Word (.docx)