Montana Power Attorney With Will
Description
How to fill out Montana Statutory General Power Of Attorney With Durable Provisions?
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FAQ
Does a Power of Attorney remain valid after a death? The short answer is no, a Power of Attorney dies with the person. A Power of Attorney is a document that grants another person permission to act on their behalf, during life, thus when that individual passes away, the document is null and void.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office of the county where you own real estate or expect to transact real estate. In Montana, this office is known as the Office of the Clerk and Recorder.
In Montana, a power of attorney requires the principal, or the person granting the power, to be at least 18 years old and mentally competent. The document must clearly state the powers granted to the agent, who will be acting on the principal's behalf, and must be signed by the principal.
If you give away the power to transact real estate, you'll also need to have the POA notarized to record (file) it in the land records office.
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself.