Montana Durable Power of Attorney Form
If you would like to assign another person to take financial decisions and actions on your behalf in the State of Montana, the Montana Durable Power of Attorney Form has to be completed and submitted.
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Montana Code Annotated 2011, Statutory Form Power of Attorney §72-31-353
Montana Statutory Form Power of Attorney
Important Information for Principal
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. The meaning of authority over subjects listed
on this form is explained in the Uniform Power of Attorney Act, Title 72, chapter 31,
part 3.
This power of attorney does not authorize the agent to make health care decisions
for you.
You should select someone you trust to serve as your agent. Unless you specify
otherwise, generally the agent's authority will continue until you die or revoke the
power of attorney or the agent resigns or is unable to act for you.
Your agent is entitled to reasonable compensation unless you state otherwise in
the Special Instructions.
This form provides for designation of one agent. If you wish to name more than one
agent, you may name a coagent in the Special Instructions. Coagents are not
required to act together unless you include that requirement in the Special
Instructions.
If your agent is unable or unwilling to act for you, your power of attorney will end
unless you have named a successor agent. You may also name a second successor
agent.
This power of attorney becomes effective immediately unless you state otherwise
in the Special Instructions.
If you have questions about the power of attorney or the authority you are granting
to your agent, you should seek legal advice before signing this form.
Montana Code Annotated 2011, Statutory Form Power of Attorney §72-31-353
Montana Statutory Form Power of Attorney 1 of 3
DESIGNATION OF AGENT
I
(Name of Principal)
name the following person as my agent:
Name of Agent :
Agent’s Address :
Agent’s Telephone Number :
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of Successor Agent :
Successor Agent’s Address :
Successor Agent’s Telephone Number :
If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
Name of Second Successor Agent:
Second Successor Agent’s Address:
Second Successor Agent’s Telephone Number:
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following
subjects as defined in the Uniform Power of Attorney Act, Title 72, chapter 31, part 3:
INITIAL each subject you want to include in the agent's general authority. If you wish to grant general
authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.
(
) Real Property
( ) Tangible Personal Property
( ) Stocks and Bonds
( ) Commodities and Options
( ) Banks and Other Financial Institutions
( ) Operation of Entity or Business
( ) In surance and Annuities
( ) Estates, Trusts, and Other Beneficial Interests
( ) Claims and Litigation
( ) Personal and Family Maintenance
( ) Benefits from Government al Programs or Civil or Military Service
( ) Retirement Plans
( ) Taxes
( ) All Preceding Subjects
Montana Code Annotated 2011, Statutory Form Power of Attorney §72-31-353
Montana Statutory Form Power of Attorney 2 of 3
LIMITATION ON AGENT’S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent
or a person to whom the agent owes an obligation of support unless I have included that authority in the
Special Instructions.
SPECIAL INSTRUCTIONS (OPTIONAL)
You may give special instructions on the following lines:
EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.
NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)
If it becomes necessary for a court to appoint a conservator or guardian of my estate or guardian of my
person, I nominate the following person(s) for appointment:
Name of Nominee for conservator or guardian of my estate:
Nominee’s Address:
Nominee’s Telephone Number:
Name of Nominee for guardian of my person:
Nominee’s Address:
Nominee’s Telephone Number:
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless
that person knows it has terminated or is invalid.
Montana Code Annotated 2011, Statutory Form Power of Attorney §72-31-353
Affix seal/stamp as close to
signature as possible.
Montana Statutory Form Power of Attorney 3 of 3
SIGNATURE AND ACKNOWLEDGMENT
Your Signature Date
Your Name Printed
Your Address
Your Telephone Number
State of Montana
County of __________________
This document was acknowledged before me on __________________
by _________________________________________________________________. Print name of signer(s)
________________________________________ Notary Signature
[Montana notaries must complete the following, if not part of stamp.]
_________________________________________ Printed Name
Notary Public for the State of Montana
Residing at _________________________________________
My Commission expires: ___________ ,20 _____
DISCLAIMER:
This document has been prepared from the Montana Uniform Power of Attorney Act that was passed by the 2011 Legislature. It is for general information purposes
only. The information provided is not legal advice. Legal advice is dependent upon the specific circumstances of each situa tion. Future changes in the Uniform Power
of Attorney Act cannot be predicted. The form is based-solely upon those laws in force on October 2011.
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