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

The date on the document you signed. If you are not sure, use your best estimate.

These names go into your letter only. They are never saved or sent to us.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

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

Report abuse or exploitation

Montana DPHHS Adult Protective Services · 1-844-277-9300

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