The Montana Minor Child Power of Attorney registers the confirmation of a selected attorney-in-fact by a parent to distribute authorization to care for their child. The gained permissions prompted by a parent (or both parents) can be issued temporarily, not to exceed a six (6) month period. This can be beneficial when a legal guardian (or guardians) of a minor is not available to care for the child and would like an alternate adult to be granted rights to make decisions, house, or execute paperwork for the child on behalf of the parent. For those instances where more than six (6) months is necessary, or if the parent(s) have passed away without clear naming of a guardian in their will(s), the option to apply for guardianship is available through the Montana Judicial System.
Laws
Statute – Title 72, Chapter 31, Part 3: Montana Uniform Power of Attorney Act
Definition – § 72-5-103
Signing Requirements – A licensed notary will be required to observe and substantiate signatures (§ 72-31-305).
Revocation – § 72-31-310
Additional Resources
- Montana Judicial Branch – Guardianship Packet (with All Associated Court Forms)
- Montana State University – Seeking Private Guardianship for a Minor in Montana
Related Forms
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word (.docx)
Revocation of Power of Attorney
Download: Adobe PDF, MS Word (.docx)