The Ins and Outs of the Montana Power of Attorney
A Montana power of attorney (POA) can be a bit confusing, and drafting one is tricky if you don’t know where to start. Hiring a lawyer to create this document for you is an expensive solution, and doing it yourself is a tedious process. Don’t worry, though—DoNotPay will make it easy!
We will break down power of attorney documents for you and show you how to draft one in minutes using our handy Power of Attorney feature.
A power of attorney document lets the principal authorize a trusted person (the agent) to make important decisions in their stead.
Powers of attorney in Montana are governed by the Montana Uniform Power of Attorney Act (in effect since October 1, 2011). Under this act, a POA in Montana is durable by default, but it can also be springing if stated otherwise.
A durable power of attorney gets activated upon the signing of the agreement and remains in effect even after the principal’s incapacitation.
A springing power of attorney comes into effect when:
- The agent determines that the principal is incapacitated (if authorized by the POA document to do so)
- A judge or an attorney confirms that the principal is abroad and is unable to return
- A physician confirms that the principal is incapacitated due to their inability to communicate or make decisions for themselves
According to the Montana state laws, a POA is terminated upon the principal’s death or if:
- The principal cancels the POA
- The purpose of the POA is fulfilled
- There is no replacement for the agent if they die, resign, or become incapacitated
- The agent divorces the principal in case they were married in the first place
- The POA agreement states that it’s terminated if the principal becomes incapacitated
A POA agent in Montana has the authority to act in the principal’s stead regarding:
- Real estate
- Personal property
- Stocks and bonds
- Commodities and options
- Banks and other financial institutions
- Operation of entity or businesses
- Insurance and annuities
- Estates, trusts, and similar interests
- Claims and litigation
- Family maintenance
- Benefits from Civil or Military service or Governmental Programs
- Retirement plans
- Creating, amending, revoking, or terminating revocable living trusts
- Making gifts
- Creating or changing rights of survivorship
- Disclaiming property
Granting power of attorney in Montana isn’t hard if you follow the next steps:
|Choose an agent||An agent has to be trustworthy and loyal. They should do everything that’s in the best interest of the principal|
|Add a title||The title must be straightforward so there’s no confusion later on|
|Include dates||Dates need to be added, including the effective and the signing date of the POA|
|Add names||Names, addresses, and contact info of both signing parties have to be included|
|Give your agent powers||A power of attorney letter has to contain a clause specifying what powers the agent has|
|Sign and notarize the POA||Montana state laws require the POA to be signed in the presence of a notary. The notary will:
Don’t want to go through the hassle of creating a POA on your own? Use DoNotPay, and leave all the work to us! We will generate a professional power of attorney document in your stead in a matter of minutes.
DoNotPay offers the simplest and most effective solution for creating POAs, saving you time, money, and nerves. With our Create a Power of Attorney feature, you’ll be able to draft a personalized POA in just a few clicks.
Here’s how it works:
- Sign up for DoNotPay
- Click on the Create a Power of Attorney feature
- Fill in the details you want to be included in your POA
- List the powers you want your agent to have
Once you submit your request, DoNotPay will do the rest. We’ll generate your POA document and add two notices for you and your agent to read before signing.
As soon as we draw up your POA, you can choose to get it notarized remotely with the help of our app. We will send you an email containing a notary’s schedule, and then you can pick a date that suits you best.
Need answers to other power-of-attorney-related questions? Check out DoNotPay’s learning center to find out how to:
- Create a general power of attorney
- Make a financial power of attorney
- Draw up a limited power of attorney
- Create different types of power of attorney
- Revoke a power of attorney
- Create a bank power of attorney
- Get a joint power of attorney
- Get an emergency power of attorney
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