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]