MontanaMontana

Can I still make decisions if someone else has my Power of Attorney?

Authored By: Montana Legal Services Association (MLSA) LSC Funded

Yes. When you appoint someone as your power of attorney (PoA), you do not sign over or give away any of your decision-making ability. By law, a PoA cannot overrule your decisions. A PoA also cannot knowlingly go against your wishes. Only a judge has the power to take away a person's ability to make decisions, usually by a Guardianship or Conservatorship. If you do not like or trust what your PoA is doing, you should revoke the PoA in writing. Give a copy of that revocation to to everyone important, like family, banks, attorneys, doctors, caregivers, and finally the PoA themself.

Where do I find more infomation about Power of Attorney?

To learn more, read the Montana State University Extension Office's article on Power of Attorney.

Where do I find the form?

If you need to revoke a Power of Attorney, complete the Revocation of Power of Attorney form. Make sure you provide wirtten copies to everyone important, like family, banks, attorneys, doctors, caregivers, and finally the PoA themself.

If you want to appoint a Power of Attorney, complete the Power of Attorney form.

How do I get more help?

Montana Legal Services Association (MLSA) provides free civil legal help to low-income people. Contact us to see if you qualify:

  • Apply anytime online at mtlsa.org;
  • Call our Helpline at 1-800-666-6899 (Helpline hours are limited).

What help can I find at MLSA?

  • Legal advice and representation;
  • Referrals to volunteer attorneys and other providers;
  • Self-help clinics and materials.
Last Review and Update: Jul 25, 2017
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