How to revoke a power of attorney in Montana
What Montana law says about revoking a power of attorney, and a free letter you can fill in and print.
Checked against official sources: October 31, 2026.
Short answer
You can revoke the power of attorney or your agent's authority. The Act does not set a required method of revocation.
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
What Montana law says about revoking a power of attorney
- How to revoke
You can revoke the power of attorney or your agent's authority. The Act does not set a required method of revocation.
- Telling others
A revocation does not affect an agent or another person who, without actual knowledge of it, acts in good faith under the power of attorney. A new power of attorney does not revoke an earlier one unless it says so.
Law: MCA 72-31-310
Source: Official text
Free letter: revoke a power of attorney
When it ends and how to revoke it
- It ends when
- You die
- You become incapacitated, if the power of attorney is not durable
- You revoke it
- It says it ends, or its purpose is accomplished
- You revoke the agent's authority, or the agent dies, becomes incapacitated or resigns, and no other agent is named
- For the agent's authority: an action is filed to dissolve or annul the agent's marriage to you, or for legal separation, unless the document says otherwise
- Banks and other businesses
A person asked to accept an acknowledged power of attorney must accept it, or ask for an agent's certification, translation or lawyer's opinion, within 7 business days, and must then accept it within 5 business days after receiving it. They may not demand a different form. Exceptions include good-faith doubts and reports of suspected abuse to the Department of Public Health and Human Services. A person who wrongly refuses can be ordered to accept it and made to pay reasonable attorney fees and costs.
Law: MCA 72-31-324, 72-31-325
Law: MCA 72-31-310
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