 | Montana Limited (Special) Power of Attorney Form |
The Montana limited (special) power of attorney form is a legal document which an individual may use to transfer over their authority to another person, known as the “Agent”. The Agent shall act on behalf of the individual in the event that he/she is unable to do so, conducting specific tasks as described in the individual’s instructions. All tasks performed by the Agent must be done in the individual’s best interests and within the scope of authority specified within the power of attorney form. In the State of Montana, power of attorney becomes effective when initially executed or when otherwise stated in the limited (special) power of attorney form. This form must be signed in the presence of a Notary Public in order to be considered genuine (§ 72-31-305).
How to Write
Step 1 – Titled Sections – The Principal must begin by reading the following titles:
- Notice
- Incapacitation
- Revocation
- Witness and Notary
Step 2 – The Parties – Enter the following:
- The name of the Principal
- The Principal’s physical address
- City of the Principal’s residence
- State
- AND
- The Agent’s full name
- The Agent’s Complete Address
- The Agent’s City of residence
- State
- AND – The Principal may wish to appoint a Successor Agent should the the initial Agent become unwilling or unable to provide service
- Submit the name of the Successor Agent (Optional)
- Submit the Successor’s physical Address
- City of residence
- State
- Provide the name of the state in which the document shall be executed
Step 3 – Additional Titled Sections – The Principal must review the following:
- Terms and Conditions
- Third Parties
- Compensation
- Disclosure
Step 4 – Signatures – Signatures must be entered before a Notary Public:
- Enter the printed name of the Principal
- Date of Signature in dd/mm format
- Enter the Principal’s Signature
- AND
- Enter the Agent’s printed name
- Read the remainder of the information in this section
- Submit Agent’s signature
- Provide the date of the signature in mm/dd/yyyy format
- AND
- Enter the Successor Agent’s na,e
- Read the remainder of the information’
- Submit Successor Agent’s Signature
Step 5 – Notarization –
After the Notary has witnessed the signatures, the notary shall then submit all of the state required notary information and the notary shall affix the notary’s state seal (if any) in acknowledgement
Step 6 – Acknowledgement and Acceptance of Appointment of Agent(s) –The Agent’s must read the acceptance and provide the following:
- Agents printed names
- Review all remaining information contained in each section
- Both Agent’s will enter their signatures
- Both must date the signatures in mm/dd/yyyy format
Step 7 – Witness Attestation – The witnesses must:
- Read the Attestation paragraph
- Enter the witnesses printed names
- Enter their respective signatures
