Free Montana Power of Attorney Form for General Financial Use

Montana General Power of Attorney Requirements

A Montana general power of attorney must be signed by the principal. Someone else may sign the principal's name at the principal's direction and in the principal's conscious presence. The signature is presumed genuine if the principal acknowledges it before a notary public or another individual authorized by law to take acknowledgments.^[1]

The statute also says when the document starts to work. Here are its own words for any power of attorney in the state:

A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

In plain terms, there are two ways to set the start:

• Effective when signed. This is the rule unless the document says otherwise.^[2]
• Effective later. The principal can provide a future date, or a future event or contingency, in the document itself.^[2]

The Effective Date block on page 3 of the form is where you choose between them. Montana Code Annotated, Title 72, Chapter 31, Part 3 (the Uniform Power of Attorney Act) outlines the general power of attorney regulations.^[4]

Montana General Power of Attorney Form Details

Powers You Can Grant on the Montana Form

The Montana form is a menu of financial choices. The principal initials the line in front of each power the agent receives, and leaves the others blank. The form lists these 14 lines, from (A) to (N):

• (A) Real property transactions
• (B) Tangible personal property transactions
• (C) Stock and bond transactions
• (D) Commodity and option transactions
• (E) Banking and other financial institution transactions
• (F) Business operating transactions
• (G) Insurance and annuity transactions
• (H) Estate, trust, and other beneficiary transactions
• (I) Claims and litigation
• (J) Personal and family maintenance
• (K) Benefits from social security, medicare, medicaid, or other governmental programs
• (L) Retirement plan transactions
• (M) Tax matters
• (N) All of the powers listed above

Once signed, the agent can manage the principal's financial affairs, making decisions only within the specific lines initialed.

The notice at the top of page 1 warns that the powers are broad and sweeping. It says the list does not include all powers available under law, and that extra ones can be added under the Special Instructions section. It also says the document does not authorize anyone to make medical or other health-care decisions, and that the principal may revoke the power of attorney later.

If you have questions about the powers, consult a lawyer, as the notice itself advises. For health-care wishes, a Montana living will is a separate document.

Line (N) grants every power in the list, so the lines in front of the others are ignored. To grant fewer, initial only the lines you want. The form allows you to cross out each power you withhold, but that is optional.

Under Section 72-31-336, an agent has the authority to engage in the following actions only if they are explicitly mentioned in the power of attorney document:^[5]

• Create, amend, revoke, or terminate an inter vivos trust
• Make a gift
• Create or change rights of survivorship
• Create or change a beneficiary designation
• Delegate authority granted under the power of attorney
• Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
• Exercise fiduciary powers that the principal has authority to delegate
• Disclaim property

How to Fill Out the Montana General Power of Attorney Form

The Montana general power of attorney (POA) form has five form pages and 41 fillable fields. Create it online with the builder above, or download the PDF and fill it in. Then work through the pages in order, from the principal and agent to the notary's acknowledgment on page 5. The form does not authorize health-care decisions.

FormsPal also offers other general power of attorney forms. You can fill in the PDF with our online PDF editor.

The screenshots under each step show the FormsPal Montana general power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Principal and agent. On page 1, enter your name and address in the first blanks, then your agent's name and address in the appointment paragraph. The form calls the agent your attorney-in-fact.

   

2. Initial lines (A) to (K). On page 2, initial the line in front of each power you are granting, from (A) Real property transactions to (K) Benefits from social security, medicare, medicaid, or other governmental programs. Leave a line blank to withhold that power. The form says you may cross out each power you withhold.

   

3. Initial lines (L), (M) or (N). Initial (L) Retirement plan transactions and (M) Tax matters if you want to grant them. To grant every power, initial (N) All of the powers listed above. The form says you need not initial any other line if you initial (N). Special Instructions 1 to 3 are printed on pages 2 and 3 and have no blanks to fill in. They cover medical reimbursement claims, retirement and savings accounts, and digital assets.

   

4. Effective date. On page 3, the Effective Date block says to initial one line. The first line starts the power of attorney as soon as you sign. The second starts it on a date you fill in, with the year.

   

5. Termination date: written revocation. The Termination Date block says to initial one line. Initial the first line if the power of attorney should end when you have signed a written revocation.

   

6. Termination date: a set date or incapacity. Or initial the line that ends the power of attorney on a date, and fill in the date and the year. The third line ends it when you are determined to be incapacitated. The form defines that word right below the lines, on pages 3 and 4. The definition covers a court finding that you are incompetent. It also covers a court appointment of a conservator or guardian for your estate, or written certification by two physicians who are unrelated to you or to each other.

   

7. Successor attorney-in-fact. On page 4, enter the agent's name again, then the alternate agent's name and address. The alternate steps in if the agent is unable or unwilling to serve. The paragraph on more than one agent above it is printed text with nothing to fill in.

   

8. Date, signature and printed name. Fill in the day, month and year after "Signed this". Sign on the line marked (signature) and print your name on the line marked (printed name). Printed text above the date says that any third party who receives a copy may act under the document, and that all prior general powers of attorney you executed are revoked.

   

9. Acknowledgment: county, date and names. On page 5, the notary or other officer completes the acknowledgment: the county, the date, the officer's name and title, and your name as the person who appeared. The certificate says the officer verifies only the identity of the person who signed, not the truthfulness, accuracy or validity of the document.

   

10. Officer's signature and seal. The notary or officer signs on the Signature line after "WITNESS my hand and official seal" and adds the seal where the form shows (seal).

    

How to Sign and Use the Montana General Power of Attorney

After you fill out the form, the signing and sharing steps matter as much as the answers. The principal signs it, or directs someone else to sign the principal's name in the principal's conscious presence.^[1] Follow these steps in order.

1. Review the form. Read every entry once more. Check that the names and addresses are spelled correctly and that you initialed only the lines you mean to grant.
2. Sign it. The principal signs on page 4, or directs someone else to sign the principal's name in the principal's conscious presence.^[1]
3. Acknowledge the signature. Take the signed form to a notary public. A signature on a power of attorney is presumed genuine if the principal acknowledges it before a notary public or another individual authorized by law to take acknowledgments. The notary completes the acknowledgment on page 5.^[1] Our notary acknowledgement page shows sample wording.
4. Talk to your agent. Many people give the agent a copy and explain what the document covers before anything is needed.
5. Share and store it. In practice, keep the original signed document in a safe place and give copies to the banks or other institutions your agent will deal with.
6. Change your mind later. If you decide to revoke it, put the revocation in writing and give a copy to everyone who holds the old document. Our revocation of power of attorney form can help.

When a Montana General Power of Attorney Ends

A Montana power of attorney can end in several ways. It terminates when the principal dies, when the principal revokes it, when its purpose is accomplished, or when its own terms provide that it terminates. It also ends if the principal becomes incapacitated, unless the power of attorney is durable.^[3]

The agent's authority can end on its own terms too. The agent's authority terminates when:

• The principal revokes the authority.^[3]
• The agent dies, becomes incapacitated, or resigns.^[3]
• An action is filed for the dissolution or annulment of the agent's marriage to the principal, or for their legal separation. The power of attorney itself may provide otherwise.^[3]
• The power of attorney itself terminates.^[3]

The power of attorney also terminates when the principal revokes the agent's authority, or the agent dies, becomes incapacitated, or resigns, and no other agent is named to act. The successor attorney-in-fact paragraph on page 4 of the form is where you name another agent.^[3]

Ending a power of attorney does not always bind the people who rely on it. A termination is not effective as to an agent or another person who, without actual knowledge of it, acts in good faith under the power of attorney.^[3] In practice, send written notice of a revocation to the bank and everyone else who holds a copy.

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Frequently Asked Questions

These short answers cover 6 common questions about signing, starting and ending a Montana general power of attorney. Each answer follows Montana's power of attorney statute, and the sources are listed at the end of the page. The topics are:

• Notarizing the signature
• When the power of attorney starts
• Incapacity of the principal
• Revoking the power of attorney
• An earlier power of attorney
• Divorce or legal separation

Does a power of attorney need to be notarized in Montana?

A signature on a power of attorney is presumed genuine if the principal acknowledges it before a notary public or other individual authorized by law to take acknowledgments. The form has an acknowledgment block on page 5 for the notary to complete.^[1]

When does a power of attorney start in Montana?

A power of attorney is effective when executed, unless the principal provides that it becomes effective at a future date or on a future event or contingency.^[2] The form lets you start it when signed or on a date you fill in.

Does incapacity of the principal end a power of attorney in Montana?

It ends if the principal becomes incapacitated, unless the power of attorney is durable. If it is not durable, the incapacity does not terminate it as to a person who, without actual knowledge of the incapacity, acts in good faith under it.^[3]

How do you revoke a power of attorney in Montana?

A power of attorney terminates when the principal revokes it, and the agent's authority terminates when the principal revokes that authority. A termination is not effective as to an agent or another person who, without actual knowledge of it, acts in good faith under the power of attorney.^[3]

Does a new power of attorney cancel an old one in Montana?

Not automatically. Executing a power of attorney does not revoke an earlier one unless the new document provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.^[3]

Does a divorce end the agent's authority in Montana?

It can. The agent's authority terminates when an action is filed for the dissolution or annulment of the agent's marriage to the principal, or for their legal separation. The power of attorney itself may provide otherwise.^[3]

General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Mont. Code Ann.

1. Mont. Code Ann. § 72-31-305.
2. Mont. Code Ann. § 72-31-309.
3. Mont. Code Ann. § 72-31-310.
4. Mont. Code Ann. § 72-31-301. Accessed October 15, 2026.
5. Mont. Code Ann. § 72-31-336. Accessed October 15, 2026.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.