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Montana Springing Power of Attorney Form

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A Montana springing power of attorney is a document that legally authorizes someone (an agent) to make important business, financial, or healthcare decisions for another person (the principal) if the principal is incapacitated or unable to manage their own affairs.

Permitted in Montana?

Yes, the principal may specify that the power of attorney is effective only if they should become incapacitated.[1]

Signing Requirements

A power of attorney must be signed by the principal (or by another individual at the direction of the principal) and acknowledged by a notary public or other individual authorized by law to take acknowledgments.[2]

“Incapacity” Definition

Incapacity” means inability of an individual to manage property or business affairs because the individual:

(a) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or

(b) is:
(i) missing; or
(ii) outside the United States and unable to return.[3]

Sources

  1. Montana Code Annotated §72-31-309
  2. Montana Code Annotated §72-31-305
  3. Montana Code Annotated §72-31-302(5)