Add Dropdown Menu Fields Legal Montana Durable Power of Attorney Forms For Free

A statutory or durable power of attorney gives an agent permission to access bank accounts, sell property and make other important decisions when the principal becomes incapacitated or unable to make decisions. It stays in effect until revoked or until the principal dies.

72-31-305. Execution of power of attorney. A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney.

Do I Have to Notarize My Power of Attorney in Montana? Yes. In Montana, a power of attorney must be acknowledged by a notary or other individual authorized by law to take acknowledgments per Section 72-31-305.

The document must clearly outline the scope of the agent's authority, including any limitations or restrictions. It should also specify when a power of attorney takes effect and how long it remains valid. The principal must sign the document in the presence of witnesses or a notary public to ensure its legality.

The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the “durable” power of attorney continues to be effective despite your subsequent disability.

Protection Against Future Incapacity Securing a Durable Power of Attorney (DPOA) provides a sturdy defense against the perils of future mental incapacity. This legal document retains its efficacy, even if an individual becomes mentally incompetent, making it an essential part of future planning.

The General Power of Attorney A General POA provides a broader scope of authority, enabling someone to handle nearly all your affairs. This type of POA is useful when you need someone to manage your financial matters comprehensively.

A power of attorney gives one or more persons the power to act on your behalf as your agent. The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. The power may give temporary or permanent authority to act on your behalf.

For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more—or add powers, Berkley says.