Signing Requirements
The principal is required to authorize in the presence of a notary public. If the agent includes the optional Agent Certification then their signature must be acknowledged as well (§ 72-31-305, § 72-31-354).
Definition of “Durable”
“Durable”, with respect to a power of attorney, means not terminated by the principal’s incapacity. (§ 72-31-302(2))
Definition of “Power of Attorney”
“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used (§ 72-31-302(7)).
Statutory Form
The Montana state legislature has created a sample statutory form for powers of attorney at § 72-31-353.