Power of Attorney in Montana
What a Montana power of attorney needs to be valid — signing, witnesses, notary — and the official forms, plus health care directives.
Short answer: Montana uses the Uniform Power of Attorney Act and provides a statutory form. A power of attorney must be signed by the principal (or by someone in their conscious presence at their direction). Mont. Code Ann. §§ 72-31-304, 72-31-305, 72-31-353
| Financial power of attorney | Montana uses the Uniform Power of Attorney Act and provides a statutory form. A power of attorney must be signed by the principal (or by someone in their conscious presence at their direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. A power of attorney is durable unless it says it ends on incapacity. The statutory form does not cover health care decisions. Statutory form: https://mca.legmt.gov/bills/mca/title_0720/chapter_0310/part_0030/section_0530/0720-0310-0030-0530.html. Durable by default: https://mca.legmt.gov/bills/mca/title_0720/chapter_0310/part_0030/section_0040/0720-0310-0030-0040.html |
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| Health care directive | Under the Montana Rights of the Terminally Ill Act, anyone 18 or older and of sound mind may sign a declaration (living will) about withholding or withdrawing life-sustaining treatment and may name another adult to make those decisions. It must be signed by the declarant (or another at their direction) and witnessed by two people. The statute includes optional forms. The Montana courts' forms page links a separate health care power of attorney form from MSU Extension. Source: Mont. Code Ann. § 50-9-103 |
| Official power of attorney forms | Montana has a statutory form for a financial power of attorney: the "Statutory Form Power of Attorney" in Mont. Code Ann. § 72-31-353 (Uniform Power of Attorney Act). The form covers property and finances only and says it does not authorize the agent to make health care decisions. It ends with a signature and acknowledgment block for a notary. For health care, Mont. Code Ann. § 50-9-103 (Rights of the Terminally Ill Act) provides optional declaration forms to direct withholding or withdrawal of life-sustaining treatment or to name another person to make those decisions; the declaration must be signed by the declarant (or by another person at the declarant's direction) and witnessed by two individuals. Health care declaration: https://mca.legmt.gov/bills/mca/title_0500/chapter_0090/part_0010/section_0030/0500-0090-0010-0030.html |
Official forms
- Advance Directive Packet
- Montana Statutory Form Power of Attorney (statute text)
- Advance Directive Packet (Montana courts)
More Montana estate law
- Medical Power of Attorney in Montana
- Small Estate Affidavit in Montana
- Quitclaim Deeds and Transferring Property in Montana
- Who Inherits If You Die Without a Will in Montana
- How to Make a Valid Will in Montana
- How Probate Works in Montana
- Living Wills and Advance Directives in Montana
- Revocable Living Trusts in Montana
- Executor Duties in Montana
- Letters Testamentary in Montana
- Affidavit of Heirship in Montana
- How to Avoid Probate in Montana
- Transferring a Car After Someone Dies in Montana
- All Montana wills, probate and estate rules
FAQ
What are the requirements for a power of attorney in Montana?
Montana uses the Uniform Power of Attorney Act and provides a statutory form. A power of attorney must be signed by the principal (or by someone in their conscious presence at their direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. A power of attorney is durable unless it says it ends on incapacity. The statutory form does not cover health care decisions.
What are the requirements for a health care directive in Montana?
Under the Montana Rights of the Terminally Ill Act, anyone 18 or older and of sound mind may sign a declaration (living will) about withholding or withdrawing life-sustaining treatment and may name another adult to make those decisions. It must be signed by the declarant (or another at their direction) and witnessed by two people. The statute includes optional forms.
Where can I get a power of attorney form in Montana?
Montana has a statutory form for a financial power of attorney: the "Statutory Form Power of Attorney" in Mont. Code Ann. § 72-31-353 (Uniform Power of Attorney Act). The form covers property and finances only and says it does not authorize the agent to make health care decisions. It ends with a signature and acknowledgment block for a notary. For health care, Mont. Code Ann. § 50-9-103 (Rights of the Terminally Ill Act) provides optional declaration forms to direct withholding or withdrawal of life-sustaining treatment or to name another person to make those decisions; the declaration must be signed by the declarant (or by another person at the declarant's direction) and witnessed by two individuals.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.