Signing checklist for Montana

The signing steps in Montana law, step by step. Pick your documents to see them.

Checked against official sources: October 31, 2026.

Short answer

This checklist lists the signing rules in Montana law. It does not check whether your document is valid.

Financial power of attorney: Signed by you; the law requires no notary or witnesses
Health care directive: Signed in front of two witnesses (no notary)

Choose your form Statutory Form Power of Attorney. 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. Official text
Law: MCA 72-31-353
Sign it Signed by you, or by another person who signs your name in your conscious presence at your direction.
Law: MCA 72-31-305, 72-31-324, 72-31-325
Notary or witnesses 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.
Law: MCA 72-31-305, 72-31-324, 72-31-325
The agent signs too No separate acceptance form is required; an agent accepts by acting or by other conduct showing acceptance.
Law: MCA 72-31-305, 72-31-324, 72-31-325
If you sign electronically A power of attorney can be an electronic 'record', and 'sign' includes an electronic signature.
Law: MCA 72-31-305, 72-31-324, 72-31-325

Choose your form Declaration forms (MCA 50-9-103(2) instructions to physician; 50-9-103(3) appointing a designee). You do not have to use it. Official text
Law: MCA 50-9-103
Sign it The declaration must be signed by you or by another person at your direction.
Law: MCA 50-9-103, 72-5-501
Notary or witnesses A living will declaration must be signed by you (or someone at your direction) and witnessed by two individuals; a notary is not required. Montana's health care power of attorney statute requires only that you name your agent in writing; it sets no witness or notary requirement. A health care power of attorney keeps working if you become incapacitated only if it contains words showing that intent, such as 'This health care power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time'.
Law: MCA 50-9-103, 72-5-501

Registry (optional) Health Care Declaration Registry (Montana Attorney General).
Law: MCA 50-9-501 to 50-9-505
Give copies to the right people Keep the signed documents in a safe place and give copies to your health care proxy and your doctors. Some states have registries that store an advance directive for doctors and your proxy.

This checklist lists the signing rules in Montana law. It does not check whether your document is valid.