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A Montana power of attorney is a legal document that acts as the authorization for an individual, known as the agent or attorney-in-fact, to make financial decisions, healthcare decisions, real estate decisions, or estate decisions on behalf of the person granting this authority. A Montana POA is often used for estate planning, but there are other times when it is also useful.
Quick Reference:
The person granting permission is referred to as the principal, donor, or grantor.
The person receiving authorization is known as the agent or attorney-in-fact.
A Montana power of attorney is a power of attorney form that complies with Montana’s Uniform Power of Attorney Statutes. The Uniform Power of Attorney Act specifically outlines the parameters of a legally enforceable POA in the State of Montana and ensures that the form, as well as its duties, are protected under the law. The statutory POA requires a notary public to witness the signature of the principal. According to Montana Law Help's website, a notarized signature on a POA provides validation of the document.
To create a power of attorney, Montana also requires that:
A successor agent may be named. In addition to naming an agent and the successor agent, the principal should also include special instructions to explain what the agent and successor agent may and may not do on their behalf.
As long as the principal is competent, they have the legal power to revoke the power of attorney. A POA also terminates when:
There are several reasons why someone would use a Montana power of attorney form to give someone the authority to make decisions related to their personal belongings, financial institution transactions, tax matters, or their well-being. Some of those reasons include:
General Power of Attorney
A general power of attorney grants an agent with the general authority on behalf of the principal.
Durable (Statutory) Power of Attorney
A durable power of attorney is also referred to as a statutory power of attorney. It is an "extended version" of a general power of attorney because it goes beyond the parameters of a general power of attorney.
Limited Power of Attorney
A limited power of attorney is also known as a special power of attorney. It grants limited power to whatever the principal specifies.
Medical Power of Attorney
A medical power of attorney allows the principal to appoint an agent to make medical decisions on their behalf.
Guardian of Minor Child Power of Attorney
A guardian of minor child power of attorney allows a parent or guardian to grant decision-making rights over their child to a temporary guardian in the case that the parent or guardian may not be present during a medical emergency.
Real Estate Power of Attorney
A real estate power of attorney grants power to the agent, allowing them to buy, sell, and manage real estate on the principal’s behalf.
Tax Power of Attorney
A tax power of attorney allows the agent, generally a qualified individual such as an accountant, to prepare and submit tax information to the Montana Department of Revenue on behalf of the principal.
Vehicle Power of Attorney
A vehicle power of attorney allows the agent to buy, sell, and handle the necessary paperwork with the Montana Department of Motor Vehicles on the principal’s behalf.
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