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Do I really need a power of attorney?
If you become unavailable to manage your affairs, or incapacitated due to an injury or illness, a power of attorney ensures someone else can carry out your financial responsibilities. Without a power of attorney (POA), your family must file a court action to appoint a conservator to manage your finances and business affairs. That process is long, expensive, and often harrowing to your loved ones — often adding unwelcome challenges in light of your incapacity.
A power of attorney allows your important transactions to continue even if you are unable or unavailable to address them. Your appointed agent can pay bills, keep your business operating, and ensure your family receives income and support.
Create a financial POA through FindLaw. Click on the links below to jump down the page:
How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
Plan for your future with confidence
This free guide will help you:
Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How to get a power of attorney in Montana
Understand how a POA works in Montana
A power of attorney is a legal document that allows you to appoint an agent to act in your place. The person signing a power of attorney is called the principal. The person acting on behalf of the principal is called an agent or attorney-in-fact.
In Montana, powers of attorney are durable unless expressed otherwise in the document. ‘Durable’ means a power of attorney is effective regardless of your disability or mental capacity. Since powers of attorney provide back-up if you are incapacitated, most of them are durable.
Your durable power of attorney may be as broad or limited as you wish. You can appoint co-agents, so each of them handles different duties, e.g., your business partner handles commercial transactions, but your spouse manages bills. You can also draft powers of attorney for single transactions, e.g., closing on a business property while you undergo surgery.
Choose an agent
Think through your choice for an attorney-in-fact or agent carefully. You want to choose someone with your best interests in mind who also knows your daily routines and transactions. Many people choose a spouse, live-in partner, friend, business associate, or knowledgeable family member. Select a successor agent, too, if your primary choice cannot serve when you need them.
Assign powers
Sign and notarize
Montana powers of attorney must contain the principal’s signature and a notary acknowledgment to be enforceable. You can find a notary public either at your local bank branch (if you are a customer) or a print and mail shop that also offers notary services for a fee. Do not sign the power of attorney until you find a notary since they need to see you sign the document to acknowledge its authenticity.
Make copies
Store the original power of attorney in a safe deposit box or fireproof cabinet in your home office. Make copies and provide them to your agent, family members, and anyone else affected by it.
If you decide to revoke your power of attorney, you can do so by:
- Executing a new one
- Signing a revocation of power of attorney
- Destroying the original and its copies
Frequently asked questions about powers of attorney in Montana
You can find free power of attorney forms online. However, you will not know if they are compatible with Montana law or your situation. Free forms usually do not come with explicit instructions and require extra formatting.
Powers of attorney are reasonably simple to complete. If you are a married wage earner with few assets, you might find the power of attorney forms easy. However, if you face considerable family conflict, own a business interest of 50% or more, travel frequently, or work in a hazardous industry, you have more to lose if you do not hire an attorney to draft your power of attorney.
All legal documents, including powers of attorney, should receive a legal review. You can find an experienced local lawyer through our estate planning attorney directory.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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