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Montana Real Estate Power of Attorney Form

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Montana Real Estate Power of Attorney Form is a template form that will provide legal permission a pre-selected agent/attorney-in-fact requires to oversee the sale, management, refinancing or any other duties required by the issuing Principal regarding real property. The document must be substantiated through the signature testimony of two witnesses. All signatures (principal, agent, witnesses) must be observed and acknowledged by a notary public. The form may be revoked at any time by serving the agent/attorney-in-fact a written notice that his or her powers have been terminated.

Laws – § 72-31-339

How to Write

1 – Gain Access To The Required Background Information Then Open This Form

The document required to designate Real Estate Powers to an Attorney-in-Fact is easily attainable by clicking one of the three buttons below the image on this page. However, before doing so, make sure you have the Party and Property Information handy so that you may fill in the requested information accurately

2 – Supply The Basic Facts Required To Execute This Document

Locate the first bracketed label, “[Full Name],” then enter the Principal’s Legal Name (First, Middle, Last, Applicable Suffix) on the blank line preceding it.  The Principal’s Physical Home Address should be recorded on the next empty line (just before the “[Street Address]” label) and his or her City of Residence should be entered onto the next available space.  The State where the Principal lives should be provided on the blank line after the term “State Of”The next four spaces, after the designating phrase “Hereby Appoint,” will need the “[Full Name],” “[Street Address],” City, and State of the Attorney-in-Fact being granted Principal Authority through the execution of this Form.

3 – Approve The Powers That Must Be Granted To The Attorney-in-Fact

Article I will serve as an instrument for the Principal to approve of different types of Authorities that can be granted to the Attorney-in-Fact. Each item will require an accurate report on the Physical Location and the Legal Description of the Property if the Powers it refers to must be granted to the Attorney-in-Fact. Only Powers that bear the initials of the Principal and have been check marked by the Principal will be granted to the Attorney-in-Fact.

The Principal, granting power, will be able to designate the Attorney-in-Fact with the Principal Authority to sell a specific Property in his or her name. If this Power should be granted, then fill in the Physical Address of the Property on the first blank line in this statement then, enter the Legal Description on the next blank line. Once this task is complete, the Principal must approve of this delegation by initialing the blank line preceding the words “Sale Of Real Estate” and marking the check box.

If the Principal intends the Attorney-in-Fact to utilize Principal Power regarding the “Purchase Of Real Estate” then you will need to record both the Physical Address and Legal Description of the Property the Attorney-in-Fact may utilize Principal Power with when Purchasing on behalf of the Principal. The Principal will need to initial the second paragraph description (“Purchase Of Real Estate”) and mark the appropriate check box to deliver these Powers to the Attorney-in-Fact. The same Powers and Authority the Principal may use in the “Management Of Real Estate” will be delegated to the Attorney-in-Fact in the third paragraph statement “Management Of Real Estate.” If the Principal intends to initial and mark this item so these Powers may be conferred to the Attorney-in-Fact, make sure to record Physical Address and Legal Description of the concerned Property in the appropriate areas beforehand. The last paragraph shall provide a definition to the way an Attorney-in-Fact may act on behalf of the Principal and in the name of the Principal when “Refinancing” Property. This paragraph will have the Full Address and Legal Description of the Property the Attorney-in-Fact may utilize Principal Refinancing Powers with entered on the first and second blank lines in this statement.

4 – Document The Durability Of This Authority

The Effective Term when the Attorney-in-Fact will be allowed to employ Principal Powers, over the Property defined in this document in the manner described in this document, must be declared in “Article III. Term.” By default, these Powers will go into Effect when the Principal signs this form. However, we will need to indicate what will cause these Powers to Terminate or when they will Terminate. The Principal will need to initial the statement that will accurately define the Termination of Powers. Regardless of which choice is made, the Principal will always have the option to Terminate these Powers through a written Revocation.

If the Power in this document will automatically expire on a Date the Principal determines, the Principal will need to initial and check the first choice and report the determined Date of Termination on the blank spaces supplied.  If the Principal wishes the Powers in this document to automatically expire upon his or her Death, Incapacity, or Revocation, the Principal will need to initial and check the second choice. The Principal may set the Powers in this document to be Durable, expiring only upon a written Principal Revocation, by initialing and checking Choice C.

5 – Revoke Previous Powers And Set The Powers Appointed Here In Effect

The Principal should read this entire document once it has been completed. Then in the last statement of “Article VI. Revocation,” the Principal must enter the Date he or she is signing this document using the three spaces supplied after the term “…this instrument this.”  To execute this document (or set its Powers in Effect), the Principal must sign the line labeled “Principal’s Signature” then display his or her Printed Name on the blank space labeled “Print Name.”The Agent named as the Attorney-in-Fact in this form should also sign and print his or her Name on the blank spaces labeled “Agent’s Signature” and “Print Name.”The two Affirmation Statements, “Affirmation By Witness 1” and “Affirmation By Witness 1,” that follow the Principal signature must each be attended to by a unique Witness to the Principal Signature. The Signature Witness must select one of these sections, present his or her Name on the blank line in the paragraph statement, then sign and print his or her Name on the blank spaces below the paragraph statement the Witness has completed and read. You must have the Notary Public viewing this signing notarize the Principal Signing in the “Notary Acknowledgment” page. The Attorney-in-Fact must sign and print his or her Name on the blank lines following the labels “Agent’s Signature” and “Print Name” in the “Acceptance By Agent.”


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