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Montana Affidavit of Principal that Power of Attorney not Revoked and in Full Force with Witnesses

State:
Multi-State
Control #:
US-P098AB
Format:
Word; 
Rich Text
Instant download

Description

This affidavit is for a Principal to certify that the power of attorney has not been revoked and remains in full force. Only for use in Florida, Michigan, Ohio, South Carolina or Vermont.

How to fill out Montana Affidavit Of Principal That Power Of Attorney Not Revoked And In Full Force With Witnesses?

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FAQ

To cancel a power of attorney, the Deed must be signed by the Donor and the Attorney must be informed that their power to act has been revoked. The Attorney's authority doesn't cease until they receive notice of the revocation, so a copy of the form should be sent to each Attorney.

The principal can revoke a POA when there is gross mismanagement on the agent's part, the agent breaches the contract terms, or acts beyond his/her scope of powers. In such cases, even an irrevocable POA can be revoked by issuing a revocation notice.

How to write an affidavitWrite the heading AFFIDAVIT.State your name and personal details (i.e. ID number, gender, address, contact details, etc.).State that you are making a declaration under oath (i.e. I, the undersigned, declare the following under oath).Write the facts in a numbered list.More items...

Some of the conditions for revocation are ( by virtue of Section 201 of the Indian Contract Act, 1872): If the principal revokes the Power of Attorney granted to the agent. If either the principal or the Power of Attorney holder or both become unsound of mind, die or is/are adjudicated as insolvent by the court.

A power of attorney allows your agent to act on your behalf with another party. Now that party might ask the agent to prove that you have given him the authority. This can be done by showing an affidavit made by your agent where he states that he is your agent and that you have given him the power of attorney.

Although a PoA is something when granted is of an irrevocable nature, if there is gross mismanagement on part of the agent, if the agent breaches the terms of the contract or if the agent acts beyond the scope of the powers, then the PoA can be revoked.

An affidavit is a sworn statement put in writing. When you use an affidavit, you're claiming that the information within the document is true and correct to the best of your knowledge. Like taking an oath in court, an affidavit is only valid when you make it voluntarily and without any coercion.

In the sentence, the person writing the statement must state that he or she is stating that the information is accurate. (Example: I, Jane Doe, solemnly swear that the contents of this document are true and correct, and that I agree to abide by the terms in this affidavit.)

Section 202 of the Act states that if the agent in a principal-agent relationship has an interest in the agency then, the power of attorney cannot be revoked without the consent of the agent.

Affidavits are a vital part of court proceedings since they provide a written account of the details surrounding the case, which can make it easier for judges to make decisions. They are also useful for record-keeping purposes.

More info

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Montana Affidavit of Principal that Power of Attorney not Revoked and in Full Force with Witnesses