A durable power of attorney in Montana lets someone handle your money and financial tasks if you can’t.
Learn how to get a financial power of attorney in Montana with this comprehensive guide.
Discover the steps to appoint an agent and manage your financial matters effectively.
What Kinds of Powers of Attorney Can You Get in Montana?
In Montana, you can make two types of POAs:
- A POA for finances lets someone handle your money and business matters.
- A POA for health care allows someone to make medical decisions for you.
These POAs stay effective even if you’re unable to make decisions.
It’s a good idea to have these documents in case of unexpected events.
What Legal Requirements Does a Financial POA in Montana Have?
To be valid in Montana, your POA must follow these rules:
- Mental Capacity: You must be of sound mind when creating the POA. If you’re unsure, ask a lawyer.
- Notarization: While not required, it’s recommended. Notarization makes your POA stronger and is often needed by banks. If your POA involves real estate, it must be notarized for recording.
How to Make a Financial Power of Attorney in Montana
Here’s how to make a financial power of attorney in Montana:
- Choose a form, use software, or hire a lawyer to create your POA. You’ll grant your agent powers or select specific ones you want them to have, like managing real estate or handling financial transactions.
- Sign the POA in front of a notary public, which is recommended in Montana.
- Keep the original POA in a safe place that your family can access.
- Give a copy to your agent or attorney-in-fact.
- If your POA involves real estate, file a copy with the land records office.
- Consider giving a copy to any financial institutions your agent might need to deal with.
Who Can be Named as an Agent (attorney-in-fact) in Montana?
You can choose any capable adult to be your agent, but consider if they’re trustworthy and where they live. It’s usually better to have just one agent to avoid conflicts.
Having a backup agent, called a “successor,” is a good idea in case your first choice can’t fulfill their role.