Signing Requirements
Two witnesses.[1] The principal should also have their signature acknowledged before a notary public if they intend to delegate powers to the agent regarding mental health treatment.[2]
“Durable Health Care Power of Attorney” Definition
A “durable health care power of attorney” means a written designation made by a principal to appoint another individual as their attorney-in-fact. The writing must contain words showing the intent of the principal that the authority conferred must be exercisable notwithstanding the principal’s subsequent disability or incapacity and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.[3]
Statutory Form
Montana has a statutory form that may be used but is not required.
Sample
Download: PDF