Power of attorney in Montana: form, signing and powers
The form, the signing rules, durable or not, and what an agent can do in Montana, from Montana law.
Checked against official sources: October 31, 2026.
Short answer
Uniform Power of Attorney Act
- Official form
- Statutory Form Power of Attorney
- How to sign
- Signed by you; the law requires no notary or witnesses
- Durable unless it says otherwise?
- Yes: it continues if you lose capacity unless it says otherwise.
- Uniform Power of Attorney Act
- Yes
Words used in Montana
In Montana you name an agent for money and property in a power of attorney. For health care, you can sign a durable health care power of attorney and a living will declaration, which can name someone to decide about life-sustaining treatment. If an adult cannot manage and less restrictive options will not work, a district court can appoint a full or limited guardian.
An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.
- Money and property
- Power of attorney; statutory form power of attorney
- The person you choose
- Agent (attorney-in-fact)
- Health care
- Durable health care power of attorney
- Treatment wishes
- Declaration relating to use of life-sustaining treatment (Montana Rights of the Terminally Ill Act), which may appoint a designee
- Court-appointed decision-maker
- Guardian of an incapacitated person (full or limited guardian; temporary guardian); conservator for property under protective proceedings
Law and official form
- Law
- Uniform Power of Attorney Act
- Uniform Power of Attorney Act
- Yes (effective October 1, 2011)
- Official form
- Statutory Form Power of Attorney (MCA 72-31-353)Published by Montana Legislature; the Montana Judicial Branch end-of-life/guardianship forms pages link to it
You do not have to use it.
You do not have to use this form. It includes a notary acknowledgment block and an 'Important information for agent' section. It does not cover health care decisions.
Law: MCA 72-31-301 et seq. (Ch. 109, L. 2011); MCA 72-31-306(1); MCA 72-31-353
Signing rules
- How to sign
You must sign the power of attorney (or have someone sign for you in your presence at your direction). The Act does not require a notary or witnesses, but a signature acknowledged before a notary is presumed genuine, and the rules requiring businesses to accept a power of attorney apply to acknowledged ones.
- Who signs
Signed by you, or by another person who signs your name in your conscious presence at your direction.
- Notary
- Not required
- Witnesses
- None required
- Agent's acknowledgment
No separate acceptance form is required; an agent accepts by acting or by other conduct showing acceptance.
Law: MCA 72-31-318
- Electronic signing
A power of attorney can be an electronic 'record', and 'sign' includes an electronic signature.
Law: MCA 72-31-302
Law: MCA 72-31-305, 72-31-324, 72-31-325
Durable and springing
- Is it durable?
A power of attorney is durable unless it expressly says it ends when you become incapacitated.
Law: MCA 72-31-304
- Durable unless it says otherwise?
- Yes: it continues if you lose capacity unless it says otherwise.
- Starting later (springing)
It can start on a future date or event. If it starts on your incapacity and you named no one to decide, it starts when a physician determines in writing that you are incapacitated (or an attorney, judge or appropriate government official, if you are missing or outside the U.S.).
Law: MCA 72-31-309
What an agent can and cannot do
- Needs express permission
- Create, amend, revoke or terminate an inter vivos trust
- Make a gift
- Create or change rights of survivorship
- Create or change a beneficiary designation
- Delegate authority granted under the power of attorney
- Waive your right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
- Exercise fiduciary powers that you have authority to delegate
- Disclaim property, including a power of appointment
- Unless the document says otherwise, an agent who is not your ancestor, spouse or descendant may not use these powers to create an interest in your property for the agent or someone the agent must support
Law: MCA 72-31-336
Agent duties, pay and court review
- Agent duties
- Act in line with your reasonable expectations as far as the agent knows them, and otherwise in your best interest
- Act in good faith
- Act only within the authority the document gives
- Act loyally for your benefit and avoid conflicts of interest
- Act with care, competence and diligence
- Keep a record of all receipts, payments and transactions
- Cooperate with your health care decision-maker
- Try to preserve your estate plan if the agent knows it and it is in your best interest
- On request of you, a guardian, conservator, protective agency or (after death) your personal representative, disclose receipts and payments within 30 days
- Agent pay
Unless the power of attorney says otherwise, the agent is entitled to reimbursement of reasonable expenses and to compensation that is reasonable under the circumstances.
Law: MCA 72-31-317
- Asking a court to review an agent
You, your agent, a guardian or conservator, your health care decision-maker, your spouse, parent or descendant, a presumptive heir, a beneficiary, a government agency that protects your welfare, your caregiver or another interested person, or a person asked to accept the power of attorney may petition a court to construe it or review the agent's conduct.
Law: MCA 72-31-321
Law: MCA 72-31-319
When it ends and how to revoke it
Official forms in Montana
Forms published by the state or its courts. You open them on the official site.
Financial power of attorney
- Statutory Form Power of Attorney (MCA 72-31-353) · Published by Montana Legislature; the Montana Judicial Branch end-of-life/guardianship forms pages link to it
Health care directive
- Declaration forms (MCA 50-9-103(2) instructions to physician; 50-9-103(3) appointing a designee) · Published by Montana Legislature (forms printed in the statute); Montana DPHHS also publishes Declaration of Living Will forms · Version: Statutory text last amended 2009
Living will
Guardianship / conservatorship
Good to know in Montana
- Montana's living will (declaration) needs two witnesses and no notary, and can name a designee to decide about life-sustaining treatment.
Law: MCA 50-9-103
- Since 2021, a Montana court may appoint a guardian only if the person's needs cannot be met by a less restrictive alternative such as supported decisionmaking, technology or a representative payee.
Law: MCA 72-5-305, 72-5-316
- The statutory fee to file a guardianship or conservatorship petition is $70.
Law: MCA 25-1-201(1)(m)
- Living will declarations can be filed with the Attorney General's Health Care Declaration Registry; not filing does not affect validity.
Law: MCA 50-9-502
Free help in Montana
- MontanaLawHelp.org (Montana Legal Services Association)
- Montana DPHHS Aging Services - Legal Services
- Montana Judicial Branch: Guardianship & Conservatorship forms
- Montana Judicial Branch: End of life / probate forms
Report abuse or exploitation
Questions about powers of attorney in Montana
What is a power of attorney called in Montana?
Power of attorney; statutory form power of attorney. In Montana you name an agent for money and property in a power of attorney. For health care, you can sign a durable health care power of attorney and a living will declaration, which can name someone to decide about life-sustaining treatment. If an adult cannot manage and less restrictive options will not work, a district court can appoint a full or limited guardian.
Does a power of attorney have to be notarized in Montana?
You must sign the power of attorney (or have someone sign for you in your presence at your direction). The Act does not require a notary or witnesses, but a signature acknowledged before a notary is presumed genuine, and the rules requiring businesses to accept a power of attorney apply to acknowledged ones.
Is there an official power of attorney form in Montana?
Statutory Form Power of Attorney. You do not have to use it.