 | Montana Real Estate ONLY Power of Attorney Form |
The Montana real estate only power of attorney form is a legal document that is designed to allow a Principal to select and designate an Agent to oversee to the Principal’s real property. The Agent would handle the management, refinancing, sale , purchase, refinancing of property, as well as any need to complete transactions of any of the Principal’s specified real property and on the Principal’s behalf. This document will not allow an Agent to participate in making health care decisions or have access to make decisions with regard to the Principal’s finances or personal property.
The named Agent will be expected to care for the Principal’s property and transactions pertaining to the property as if the Principal were present and able to conduct their management and business on their own.
The signatures submitted to this document must be entered into the form, before a Notary Public. This document may be revoked at any time the Principal wishes, in writing and delivered to the delegated Agent.
How to Write
Step 1 – The Parties – Enter:
- The Principal’s name
- Physical Address
- City
- State
- AND
- Provide the name of the Agent
- Agent’s Physical Address
- City
- State
Step 2 – StateArticle I. Assignment of Authority – The Principal must check and initial one or all of the following powers that they wish to grant to the Agent:
- Sale of Real Estate
- Purchase of Real Estate
- Management of Real Estate
- Refinancing
Step 3 – Article III. Term – The Principal must establish the term of the document in this section. Choose only one option from the following, on the form, initial the line and check the box:
- The Principal may select a beginning and ending date
- Non-Durable – The document becomes immediately available to the Agent but will terminate upon the incapacity, death or revocation of the Principal
- The Durable selection, makes the document immediately available to the Agent. The document only terminates if/when the Principal chooses to revoke the powers to the Agent, or upon the death of the Principal
Step 4 – Article VI. Revocation (Signatures) – Signatories must be present before a Notary Public
- Date of the signatures in mm/dd/yyyy format
- The Principal must enter their signature
- Principal’s printed name
- AND
- Enter the Agent’s signature
- Agent’s printed name
- AND
Witness Information –
- Both witnesses must read the paragraphs
- Witnesses printed names
- Witnesses respective signatures
- Witnesses printed or typed names
Step 5 – Notarization –
The Notary Public, shall witness all signatures. The Notary will then complete the required information acknowledging the completed, signed document
Step 6 – Acceptance of Agent –
- The Agent shall read and agree to the statement in this section
- Submit the Agent’s Signature
- Submit their printed name
