Montana Power of Attorney Requirements & Free Form

Montana adopted the Uniform Power of Attorney Act, codified at Montana Code Annotated Title 72, chapter 31, part 3. This page covers how a general durable power of attorney is executed in Montana.

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Montana requirements

The power of attorney must be signed by the principal, or by another individual in the principal's conscious presence at the principal's direction (MCA 72-31-305).
Notarization is not an absolute validity requirement, but a signature acknowledged before a notary public is presumed genuine under MCA 72-31-305, so notarizing is the standard practice.
Witnesses are not required for a financial power of attorney under Montana's act.
A Montana power of attorney is durable by default: it stays effective if the principal becomes incapacitated unless the document expressly says otherwise (MCA 72-31-304).
Montana's act includes an optional statutory form (MCA 72-31-353); a document that satisfies the execution rules is valid without using that form.
If the power of attorney will be used for real estate transactions, confirm recording requirements with the clerk and recorder in the county where the property sits.

Frequently asked questions

Does a power of attorney need to be notarized in Montana?

Strictly, Montana law says a notarized signature is presumed genuine rather than making notarization a validity requirement. In practice banks, title companies, and county offices expect an acknowledged signature, so signing before a notary is strongly recommended.

Is a Montana power of attorney durable by default?

Yes. Under MCA 72-31-304, a power of attorney created under the act remains effective during the principal's incapacity unless the document expressly states that incapacity terminates it.

Montana Power of Attorney Requirements & Free Form

Montana requirements

Frequently asked questions

Official sources

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