Montana Power of Attorney Forms


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This package contains the following forms:


  1. General Durable Power of Attorney
  2. Statutory Form of Durable Power of Attorney
  3. Last Will
  4. Statutory Equivalent of Living Will
  5. Estate Planning Questionnaire and Worksheets
  6. Information and Document Inventory Worksheets


Convenient and Affordable Power Of Attorney Forms!

We offer State Specific Power of Attorney Solutions for your Specific Needs! Our Montana Power of Attorney forms are written to comply with the laws of Montana. You can be assured that these forms are not generic or standardized which could mean they would not be valid in your state. Here, you will find forms to handle finances and property issues, the care of a child, health care decisions, special or limited purposes, as well as forms that are statutory, durable and non-durable. Free Previews and law summaries are available along with our 24 hr 100% satisfaction guarantee.



Montana Power of Attorney Law


You ability to create a power of attorney (POA) is granted under Title 72 of the Montana Statutes. This valuable document allows you, the principal, to name an agent, also called an attorney in fact, to act on your behalf when you can’t or prefer not to act for yourself. You may need an agent to act in your place when you’re out of town, ill, disabled, in military service, or another reason. Sometimes, it’s a matter of convenience or efficiency to have something handled by someone else. A POA can also avoid having to go through an expensive and burdensome court procedure to have a guardianship created. We’ll discuss some of the important things you should understand about the law in Montana below:

  • Durable power of attorney – A durable POA won’t be cancelled when you become mentally or physically incapacitated, such as through an accident, illness or dementia due to aging. Montana law presumes that your POA form is a durable one, so if you want to create a nondurable form you must include a statement that you want it to terminate upon your incapacity. 72-31-304

  • Signature – You must sign the form of your own free will, and while you are mentally alert and able to understand the meaning and consequences of its terms. If you are physically unable to sign, you may instruct another person to sign your name in your presence. It’s recommended to sign the form in front of a notary public and have it notarized, since this will create a legal presumption that the signature is genuine in case there’s ever any doubt about its authenticity. 72-31-305

  • Co-agents and successor agents – You can name more than one agent to share authority at the same time. If you don’t state that they must agree on decisions before taking action, the law presumes they can act independently.

One of more successor agents may also be named to take authority when a previous agent can no longer serve. This will prevent the document from being terminated and having to create a new one if your original agent dies, resigns, is removed, is absent, or declines to act. 72-31-316

  • Revocation and termination – You can revoke the document or your agent’s authority at any time by filling out a written revocation form and delivering it to the agent and those he or she dealt with on your behalf. The document will be terminated at your death or, if your created a nondurable POA, upon your incapacity. You may also include a termination date or event in the form. The form will expire automatically when its express purpose has been achieved.

Your agent’s authority will also automatically terminate upon his or her death, incapacity, resignation, or removal. If you name your spouse as your agent, the authority terminates when an action for annulment, divorce, or legal separation is filed, unless your form states otherwise. 72-31-310

Power of Attorney Forms Available for Instant Download or by Mail.

    General and Statutory Power of AttorneyWhat is a General Power of Attorney?A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate.

    » Statutory General Power of Attorney with Durable Provisions

    Living Will and Health Care Power of AttorneyLiving Will and Health Care Power of AttorneyA Health Care Power of Attorney is a legal document that allows an individual to designate another person to make medical decisions for him or her when he or she cannot make decisions for himself or herself. In other words it names someone who stands in your shoes and tells the doctors what to do or what not do for you.

    A Living Will is a document that allows a person to explain in writing which medical treatment he or she does or does not want during a terminal illness. A terminal illness is a fatal illness that leads ultimately to death. A Living Will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used to die naturally and without the patient�s life being artificially prolonged by various medical procedures. Although the term Living Will may indicate that it is a Will, in reality, it is more similar to a Power of Attorney than a Will.

    » Statutory Equivalent of Living Will or Declaration

    » Declaration - Regarding Decision by Attending Physician as to Administration of Life Sustaining Treatment

    » Living Will Declaration and Optional Form to Appoint Health Care Agent

    » Montana Health Care Power of Attorney

    Child Care Power of Attorney


    » Power of Attorney for Care and Custody of Child

    Limited or Special or Vehicle Power of AttorneyWhat is a Limited or Special or Vehicle Power of Attorney?A Limited power of attorney is one which is limited to a specific act or particular purpose. It is also referred to as special power of attorney. A limited power of attorney allows the Principal to give only specific powers to the agent.

    » Special or Limited Power of Attorney for Real Estate Sales Transaction By Seller

    » Special or Limited Power of Attorney for Real Estate Purchase Transaction by Purchaser

    » Special Durable Power of Attorney for Bank Account Matters

    » Limited Power of Attorney for Stock Transactions and Corporate Powers

    » Power of Attorney for Sale of Motor Vehicle

    » Limited Power of Attorney Where you Specify Powers with Sample Powers Included

    Other Power of Attorney Forms

    » Uniform Anatomical Gift Act Donation

    » Revocation of Statutory Power of Attorney

    » Revocation of Living Will

    » Revocation of Power of Attorney for Care of Child

    » Revocation of Anatomical Gift Donation

Need Multiple Forms? - Buy a Package and Save!

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      » The Personal Planning Package contains essential life documents, information on how to organize life documents and other products.

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      » This Power of Attorney Package contains Power of Attorney forms that allow you to make decisions about your finances, healthcare, and the care of minor children.

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      » This package contains essential legal documents for New Parents who desire to address important changes in their Legal Life with the addition of a child.

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