Updated on September 30th, 2022
A Montana general power of attorney is a document that appoints a representative (the “agent”) to act in place of another (the “principal”) and perform financial transactions on their behalf. It contains provisions to allow the agent to manage the principal’s real estate, personal property, business entities, retirement benefits, and other financial assets. In the “Special Instructions” area, the principal can state whether the power of attorney is durable or non-durable; a non-durable power of attorney will terminate if the principal becomes incapacitated or disabled.
Once the form has been filled out, it needs to be signed by the principal in the presence of a notary public. Furthermore, the document includes an optional “Agent’s Certification,” which may be completed by the agent to attest to the validity of their authority.
Laws – Title 72, Ch. 31, Part 3 (Uniform Power of Attorney Act)
Signing Requirements (§ 72-31-305) – Notary Public
Durable Power of Attorney – Allows a principal to appoint an agent and grant them financial powers that will continue to be effective during their disability or incapacity.