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Montana Power of Attorney Forms

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A Montana Power Of Attorney is a method where a Montana resident can bestow another individual certain powers to act in his or her place. That is, this template will enable someone to legally confer proxy status onto a trusted individual in certain instances once it has been completed and executed successfully by the person issuing this power. There are many different forms because there are many different circumstances in which this type of document is useful. You may want to prepare a durable POA as part of your estate planning. Or you may want someone to take your place in obtaining a title for your car. It can be broad or specific, depending on your needs. However, in all cases, you need to make sure you know and trust the person  you are appointing. All forms should comply with 72-31 Part III of the Montana Code Annotated. You may use This Guide if you should have any questions.

Types

Durable (Statutory) Power of Attorney – A durable form is often used as part of a long-term planning package where a person wants to make sure that his or her finances are in trusted hands if they end up with a health condition that renders them unable to communicate or make decisions on their own behalf.

General Power of Attorney – This form is a general form that is similar to the durable, in that you may grant general financial powers to another, EXCEPT that it becomes void if you, as the principal, are adjudged incompetent to make decisions.

Limited Power of Attorney – This form is for use in the event you have a limited, specific transaction or time period for which you need someone to stand in your place.

Durable Power of Attorney for Health Care – This form is for health purposes. It allows you to appoint a person to represent your medical interests for those occasions where you cannot represent yourself.

Guardian of Minor Power of Attorney – This form is for childcare purposes. In the event you need to have someone care for your children while you are unavailable, this gives them powers to make decisions on behalf of your children. Decisions, that you, as a parent, would typically be able to make.

Revocation of Power of Attorney – This form is to revoke any previously executed power of attorney. In addition to executing a revocation, it is imperative that you inform your agent and any entities using it that you have revoked it.

Real Estate Power of Attorney – For the handling of real property such as closing (sale), purchase, or management on behalf of a landlord.

Tax Power of Attorney Form – This form is to allow your tax professional to make filings and obtain information on your behalf from the tax authorities.

Vehicle Power of Attorney – This form provides you with the ability to appoint someone to represent your interests with regard to your motor vehicle in front of the Motor Vehicle Division.

How to Write

1 – The Montana Appointment Form On This Page Must Be Opened

The paperwork necessary to delegate Principal Authority to an Agent should be accessed and downloaded through the buttons provided on this page (“PDF,” “ODT,” “Word”). Make sure the Principal reads the initial page of this document then reviews the requirements carefully. This preliminary action will promote a smooth preparation and execution of this paperwork.

2 – Document The Involved Parties In The Declaration Statement

The first statement in this form will act as both an introduction and a declaration. You must record the Legal Name of the Principal on the first blank line.

On the second blank line, enter the Agent’s Full Legal Name Below the statement we will provide the Agent’s Complete Information. Use the blank space labeled “Name Of Agent” to record the Full Name of the Agent. Then, enter the Agent’s Complete Physical Address on the blank space following “Agent’s Address” and the Agent’s Phone Number on the blank line labeled “Agent’s Telephone Number.”This form will also allow the Principal to appoint one or more Successor Agents who may step in and assume Principal Powers, with Principal Approval, if his or her predecessor cannot or will not wield Principal Power. It should be noted that Successor Agents will be eligible to assume Principal Power in a consecutive manner based on the order they are documented here.

If the Principal has decided to have Successor Agents, then enter the Name of the First Successor Agent on the blank line labeled “Name of Successor Agent.” On the blank space, labeled “Successor Agent’s Address,” enter the Successor Agent’s Complete Address (Building Number, Street Name, Apartment Number, City, State, and Zip Code).Finally, enter the Successor Agent’s Phone Number on the line labeled “Successor Agent’s Telephone Number.”

If the Principal has also decided upon a Second Successor Agent, then enter the Name, Home Address, and Telephone Number of the Second Successor Agent using the blank spaces below the statement “If My Successor Agent Is Unable Or Unwilling To Act For Me…”

3 – The Grantor Of Power Must Approve Each Power Personally

The section labeled “Grant Of General Authority” will present a list of General Powers the Attorney-in-Fact can exert Principal Authority in as per the Uniform Power of Attorney Act, Title 72, Chapter 31, Part 3. Due to the nature of this document, the Principal will need to provide direct approval for each subject matter the Agent can utilize Principal Power with. The Principal must initial each Principal Power item that defines the type of Authority he or she is granting the Agent. If the Agent may wield Principal Power in all of these areas, the Principal will only need to initial the last item.

The first item “Real Property” will grant the Agent Principal Power in representing the Principal in matters of Real Property (i.e. such as Selling or Buying), if the Principal initials the blank space in the brackets preceding the words “Real Property.” If the Principal initials the second list item, he or she will grant the Agent with the Principal Authority to act on the Principal’s “Tangible Personal Property.”The Principal’s “Stocks And Bonds” can be acted on by the Agent as if he or she were the Principal, once the Principal initials the third list item. The Agent will be empowered with the Principal Authority to act on the Principal’s “Commodities And Options” as if he or she were the Principal, once the Principal initials the fourth item. The Principal Power for the Agent to conduct relations and transactions with the Principal’s “Banks And Other Financial Institutions,” on behalf of the Principal, will be granted to the Agent upon the Principal’s act of initialing the bracketed space preceding the fifth list item. The Agent may engage in utilizing whatever Authority the Principal has in the Operation in a Business or Entity as if he or she were the Principal when the Principal initials the “Operation Of Entity Or Business” item. The Agent will have the Principal Approval to act as the Principal regarding Principal “Insurance And Annuities” after the Principal initials the seventh item. The Principal’s Authority with “Estates, Trusts, And Other Beneficial Interests” will be granted to the Agent, if the Principal initials the bracketed space corresponding to the eighth item. The Agent can assume Principal Authority over the Principal’s “Claims And Annuities” with the Principal’s initials on the ninth item. The Principal’s “Personal And Family Maintenance” may be effected by the Agent with use of the Principal Authority granted when the Principal initials the tenth item. The Principal’s “Benefits Fromm Government Programs Or Civil Or Military Service” will fall within the Agent’s Principal Powers with the Principal act of initialing the eleventh item. The ability to act on “Retirement Plans” involving the Principal will be included in the Agent’s Principal Authority with the Principal’s authorizing initials on the twelfth item.

The Agent may act on the Principal’s behalf regarding Principal “Taxes” if the Principal initials the thirteenth item.

If the Principal initials the item labeled “All Preceding Subjects” then all the previous items will be included in the Agent’s Principal Authority.

4 – Provide Any Special Instructions That Should Apply To the Designated Agent’s Powers

There will be an additional section that can be used to define the Principal Powers granted to the Agent if the previous list needs further definition to accurately represent the Principal’s intentions with this document. The blank lines in the “Special Instructions (Optional)” section will accept such provisions. Here, the Principal may name a Co-Agent, specify a Start Date of Effect (other than the Signature Date), dictate limitations to Powers, or provide extensions of Principal Power being delivered to the Agent. If there is not enough room, you should attach a document fully detailing Principal Instructions.

5 – The Option To Nominate A Guardian

The Principal may Nominate an individual as a Guardian in case the Courts decide that one must be appointed over the Principal or the Principal’s Estate. If the Principal has determined that he or she prefers a specific Guardian, he or she may Nominate one for the Court’s consideration on the blank lines in the “Nomination Of Conservator Or Guardian.”

Enter the Full Name of the Principal’s Nominee on the blank line labeled “Name of Nominee For Conservator Or Guardian Of My Estate.” This is the individual the Principal would hope to guard over his or her Estate should it be necessary. If a Nominee to be the Principal’s Conservator has been named, then enter the Complete Residential Address of the Conservator on the blank line labeled “Nominee’s Addressee.” The Principal’s Conservator Nominee’s Telephone Number should be recorded on the “Nominee’s Telephone Number” line. If the Principal has determined a Guardian over his or her Person (should the Court decide it should Name one), the Principal Guardian of Person’s Name should be entered on the blank line labeled “Name of Nominee For Guardian Of My Person.”The Principal’s Guardian Nominee’s Address should be recorded on the next blank line. On the last blank line of this section, the Phone Number of the Principal’s Guardian of Person Nominee should be entered.

6 – The Principal Signature Will Serve As The Instrument Of Execution

The Principal who is issuing this Authority and granting Principal Power must sign his or her Name on the “Your Signature” line in the “Signature And Acknowledgment” section. The Principal must enter the Date he or she signed this document on the blank line labeled “Date” to the right of the Signature line.  Present the Printed Name, Address, and Telephone Number of the Signature Principal on the blank lines labeled “Your Name Printed,” “Your Address,” and “Your Telephone Number.”The next section, beginning with the statement “This Document Was Acknowledged Before Me On” will be satisfied with the Notary Public in attendance.


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