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Montana Durable (Financial) Power of Attorney Form

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The Montana Durable Power Of Attorney can be used to confer the resident’s power to act for him or herself onto another person, usually a spouse or other trusted relative or friend. This person to whom the authority is given is called the “agent” or “attorney-in-fact”. The agent, once properly appointed, will have the power to stand in the place of the “principal” (the person giving authority) to make transactions, sign agreements or checks or do other things as designated by the principal. This form is often used for long-term planning purposes when a person wishes to make sure his or her financial issues are taken care of by someone they choose if and when they become incapacitated. This form stays in effect even when the principal can no longer make decisions for himself.

Laws – § 72-31-353

Durable Power of Attorney for Health Care – As the title would suggest, this enables the Principal to select their health care representative for when they become physically or mentally incapacitated.

How to Write

1 – Durable Powers May Be Granted After Downloading This Form Then Filling It In

The form enabling a granting of Durable Powers to an Agent should be opened by clicking one of the buttons at the under the preview on the right. You may choose to obtain a PDF, ODT, or Word file at your discretion.

2 – The Legal Names Of The Principals And The Agents Must Be Recorded

You will need to begin this form by entering the Grantor’s Legal Name on the blank line labeled “Name Of Principal”   On the blank space following the term “Name The Following Person As My Agent,” document the Attorney-in-Fact’s Legal Name. Next, you will need to present the Agent’s Name in a clear and distinct manner. This can be achieved by entering the Agent’s Full Name, Address, and Telephone Number on the blank spaces labeled “Name Of Agent,” “Agent’s Address,” and “Agent’s Telephone Number.”

3 – If Any Successor Agents Should Be Included, Report Their Information

The next section will deliver an opportunity for the Principal to declare one or more Successor Agents. The Principal Power will be accessible to such Agents in a sequential manner, depending on the order they are listed in the “Designation Of Agent” section.

Report the Agent’s Full Name, Address, and Telephone Number on the blank spaces labeled “Name Of Successor Agent,” “Successor Agent’s Address,” and Successor Agent’s Telephone Number.” This will be the individual who will assume the Principal Powers in this document if the Primary Agent does not. Next, enter the Second Successor Agent’s Name, Address, and Telephone Number on the blank lines labeled as “Name Of Second Successor Agent,” “Second Successor Agent’s Address,” and “Second Successor Agent’s Telephone Number” (respectively). This is the individual meant to assume Principal Power if the Primary Agent and Successor Agent do not.

4 – The Granting Of Powers Should Be Reviewed And Approved

The Principal should read through the “Grant Of General Authority” section then, initial the items that he or she wishes to include in the Granting of Power. Each list item is a subject matter an individual usually must exhibit Authority in. If a list item is initialed by the Principal, it will be a subject in the Principal’s life the Attorney-in-Fact will have Principal Authority over.

If the Principal intends to confer Principal Authority over his or her “Real Property” to the Agent, then he or she must initial the blank line preceding the first item.

The “Tangible Personal Property” of the Principal will be within the scope of the Attorney-in-Fact’s Principal Powers if the Principal initials the second list item. Should the Principal wish to grant the Attorney-in-Fact the Authority to act on his or her “Stocks And Bonds” as if he or she were the Principal, the Principal will need to initial the third list itemPrincipal “Commodities And Options” will be one of the areas the Attorney-in-Fact will be able to utilize Principal Powers with, if the Principal initials the blank space provided in the fifth list item. The Attorney-in-Fact can act as the Principal with “Banks And Other Financial Institutions” when the Principal initials the seventh list item. The Principal’s “Operation Of Entity Or Business” Powers will be granted to the Agent so that he or she may act on behalf of the Principal when the Principal initials the eighth list item. Principal “Insurance And Annuities” Powers will be designated to the Agent when the Principal initials the bracketed line preceding the term “Insurance And Annuities”If the Principal Authority to make Decisions and take Action with Principal “Estates, Trusts, And Other Beneficial Interests” must be included when defining the Principal Powers given to the Agent, the Principal will need to initial the tenth list item.To grant Principal Power regarding “Claims And Litigation” to the Attorney-in-Fact, the Principal must initial the eleventh list item. The Principal’s Power to conduct his or her “Personal And Family Maintenance” will be delegated to the Attorney-in-Fact if the Principal initials the twelfth item. The Attorney-in-Fact will be able to assume Principal Authority and engage in Principal Decisions and Actions in the Principal’s
“Benefits From Governmental Programs Or Civil Or Military Service” when the Principal initials the thirteenth item. Principal “Retirement Plans” will be under the Attorney-in-Fact’s Principal Authority when the Principal initials the “Retirement Plans” item.The Attorney-in-Fact may conduct affairs regarding the Principal’s “Taxes” as if he or she were the Principal through the Principal act of initialing the fifteenth item. If the Principal intends to grant Principal Authority to the Agent regarding “All Preceding Subjects” then, he or she should initial the last item.

5 – Special Instructions From The Principal May Be Included

The Principal may decide to limit, restrict, extend, or add Principal Powers to the items he or she approved above. The Principal’s Preferences and instructions should be reported in the “Special Instructions” section. This can include provisions such as adding co-agents or naming a specific Start Date to these Powers. Several blank lines have been supplied for this purpose however, if more room is needed you may continue the report in an attachment.

6 – The Nominating A Guardian Or Conservator Option

The option to Nominate a Guardian or Conservator for any future consideration of a Court deciding one must be appointed is available to the Principal on this form. If the Principal prefers a specific individual for either or both roles, report it in the section labeled “Nomination Of Conservator Or Guardian (Optional)”

To Nominate a Guardian of the Principal’s Estate document the Name, Address, and Telephone Number of the Principal’s Nomination on the blank lines labeled “Name Of Nominee For Conservator Or Guardian Of My Estate,” “Nominee’s Address,” and “Nominee’s Telephone Number.”The Principal’s Nomination for Guardian of Person should be reported on the next set of lines. Utilize the blank spaces following the labels “Name Of Nominee For Guardian Of My Person,” “Nominee’s Address,” and “Nominee’s Telephone Number” to enter the Guardian Nominee’s Legal Name, Complete Address, and current Telephone Number.

7 – The Principal Signing Is Necessary For The Completion Of This Paperwork

The Principal must sign his or her Name on the blank line labeled “Your Signature,” then enter the Date of Signature on the adjacent blank space.

The Printed Name of the Principal, his or her Home Address, and his or her Telephone Number should be recorded on the blank lines immediately below the signature line (labeled “Your Name Printed,” “Your Address,” and “Your Telephone Number.” Below the Signature Area will be a section for the Notary Public. This entity will notarize the Principal Signing by providing the requested items in this section along with his or her credentials and seal.


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