The 2011 Montana Legislature adopted the Uniform Power of Attorney Act that sets out provisions for the creation and use of a POA and provides a statutory POA form. The Act provides safeguards for the protection of the principal, the agent, and entities who are asked to rely on the authority of the agent.
While a POA can provide a low-cost private alternative to a guardianship or conservatorship, the decision to sign one should be made after careful consideration of the risks. Montanans who are considering a POA should be specific about what authorities are being given and for how long. The principal will want to appoint an agent and successor agent who are knowledgeable about finances and can be trusted to act honestly and carry out the principal’s expectations.
While the Uniform POA Act provides a statutory form, your family financial circumstances may require an agent to have more or less authority than the form provides. Legal assistance is recommended to help you develop a POA that, not only conveys your specific intentions for your family situation, but also complies with Montana law. A POA should be reviewed annually to assure that it still meets the principal’s needs.
If you are asked to assume the role of agent, be aware of potential liability for any losses caused by your violations of the Montana Uniform POA Act, including any actions taken outside the authority given by the principal. You may wish to seek legal advice if there are any parts of the principal’s POA and agent’s duties that you do not understand.
Take Action
Legal Forms
We have Power of Attorneys availble for your use, including a form to revoke a Power of Attorney. Follow the links below Need More Help? to find Power of Attorney forms that you can use in Montana.
Legal Help
You may be able to find legal help:
- The Montana Legal Services Developer in the Office on Aging, provides elder law training and resources for seniors, family members and social outreach workers. The program also develops pro bono and local legal services referrals, training materials and telephone assistance to seniors on related matters. The Legal Services Developer can be contacted by calling (800) 332-2272 (during normal business hours).
- The State Bar Lawyer Referral Service may provide you with contact information for attorneys who provide the type of assistance you are seeking, for a fee. You can contact the State Bar Lawyer Referral Service at (406) 449-6577 or montanabar.org.
- Montana Legal Services Association helps eligible Native Americans write wills for the Indian trust property, at no charge. You can apply for free legal help from Montana Legal Services Association online at http://www.mtlsa.org/
Acknowledgements
Montana Legal Services Association wishes to thank the MSU Extension Office for allowing it to publish this MontGuide, “Power of Attorney,” on this website.
Representatives from the following have provided a review of the content of this MontGuide and recommend its reading by all Montanans who want to learn more about the Montana Uniform Power of Attorney Act: AARP Montana, Department of Public Health and Human Services: Senior and Long-Term Care Division, State Bar of Montana: Business, Estates, Trusts, Tax and Real Property Section, State Bar of Montana: Elderly Assistance Committee, Disability Rights Montana, Montana Bankers Association, Montana Credit Union Network, Montana Health Care Association, Montana Independent Bankers Association, Montana Uniform Law Commission, State Law Library of Montana, Alexander Blewett III School of Law at the University of Montana.
References
Montana Code Annotated 2011, Title 72, Chapter 31, Part 3: Statutory Form Power of Attorney Act (§72-31-201 through §72-31-637).
Uniform Law Commission, The National Conference of Commissioners on Uniform State Laws, Downloaded on June 10, 2011. www.law.upenn.edu/bll/archives/ulc/dpoaa/2008_final.htm
Disclaimer
This publication is not intended to be a substitute for legal advice. Rather, it is designed to create an awareness of the Montana Uniform Power of Attorney Act. Future changes in Montana laws cannot be predicted, and statements in this MontGuide are based solely upon those laws in force on the date of publication.