Free Montana Limited Power of Attorney Form

Use our Montana power of attorney forms if you need broader authority than a limited power of attorney gives.

Montana Limited Power of Attorney Requirements

Montana law sets two points about signing a power of attorney. The principal must sign it, or direct another person to sign. A signature the principal acknowledges before a notary public is presumed genuine.^[1]

• Signature. The principal signs the document. Another individual may sign the principal's name, but only in the principal's conscious presence and at the principal's direction.^[1]
• Acknowledgment. The principal tells a notary public, or another individual authorized by law to take acknowledgments, that the signature is theirs. That makes the signature presumed genuine.^[1]

On the signature, the statute says:

A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney.

In plain words, you sign it yourself. If someone else signs your name, you must direct them to do it and they must sign in your conscious presence. Page 3 of the form is an acknowledgment certificate for the notary public or other officer to complete.

Mont. Code Ann. § 72-31-336 lists specific acts, such as creating or amending an inter vivos trust and making a gift, that an agent may perform only if the power of attorney expressly grants that authority.^[4]

Montana Limited Power of Attorney Form Details

When a Montana Limited Power of Attorney Takes Effect

Under Montana's power of attorney statute, a power of attorney is effective when executed, meaning when it is made and signed. The principal can change that timing. The document can say it becomes effective at a future date or on a future event or contingency.^[2]

Page 1 of the form gives the same two choices under Effective Date. You initial one line for effective immediately, or one line for effective on a date you write in.

When a Montana Limited Power of Attorney Ends

A Montana limited power of attorney ends when one of the events in Montana's power of attorney statute happens. The list below shows each event. When the power of attorney terminates, the agent's authority terminates with it.^[3]

• The principal dies.
• The principal becomes incapacitated, unless the power of attorney is durable.
• The principal revokes the power of attorney.
• The power of attorney provides that it terminates.
• The purpose of the power of attorney is accomplished.^[3]

How to Fill Out the Montana Limited Power of Attorney Form

To fill out this form, start on page 1 with the principal and the agent. Then list the purposes the agent may handle and set the dates. The form runs three pages, and the steps below follow their order. You can also use the Create My Document button above to build the form online, then save and print it.

The screenshots under each step show the FormsPal Montana limited 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 (page 1). Write your name and address as the principal. Then write the name and address of the person you appoint as your agent, also called the attorney-in-fact. Each address blank runs onto a second line.

   

2. Purpose(s) (page 1). Write each limited purpose the agent may act on, one per line, in the five lines under purpose(s). Be specific, such as one account, one piece of property or one transaction. The Special Instructions statement below them is fixed text and has nothing to fill in.

   

3. Effective date (page 1). Initial one choice: effective immediately, or effective on a date. If you pick a date, write it in the blank on that line.

   

4. Termination date: written revocation (page 1). The termination choices start at the foot of page 1 and continue on page 2. Initial the first only if you want the power of attorney to end when you have signed a written revocation.

   

5. Other termination options and successor agent (page 2). Initial the line that ends the power of attorney on a date you write in, or the line that ends it when you are determined to be incapacitated. Then, in the Successor Attorney-in-Fact paragraph, enter the agent's name and the alternate agent's name and address. Page 2 also has a paragraph about third parties who rely on a copy, in which you agree to cover their claims that arise from that reliance. Read it before you sign.

   

6. Signing date, signature and printed name (page 2). Enter the day, month and year on the Signed this line. Then sign on the signature line and print your name below it.

   

7. Acknowledgment: county, date and officer (page 3). Page 3 is the acknowledgment page, which the notary public or other officer completes. The county, the date, the officer's name and title, and your name as the person who appeared go in the blanks. The printed text says the officer verifies only the identity of the signer, not the truthfulness, accuracy or validity of the document.

   

8. Officer signature and seal (page 3). The Signature line at the foot of page 3 is for the officer, not for you. The officer signs it and adds the seal.

   

Frequently Asked Questions

These answers cover what happens to the agent's authority and to the power of attorney itself. They deal with revocation, a new document, the agent's death and divorce. Each answer comes from Montana's power of attorney statute.

Can I take away my agent's authority?

Yes. An agent's authority terminates when the principal revokes it.^[3]

Does a new power of attorney cancel an earlier one?

Not automatically. Signing a new power of attorney does not revoke one you signed earlier. It does so only if the new document provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.^[3]

What happens if my agent dies, becomes incapacitated or resigns?

The agent's authority terminates. The whole power of attorney also terminates when both of these are true:

• The principal revokes the agent's authority, or the agent dies, becomes incapacitated, or resigns.
• The power of attorney does not provide for another agent to act.^[3]

Does divorce or legal separation end my agent's authority?

It can, when the agent is married to the principal. 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, unless the power of attorney otherwise provides.^[3]

Is an act still valid if the agent did not know the power of attorney had ended?

Termination of an agent's authority or of a power of attorney is not effective as to an agent or other person who, without actual knowledge of the termination, acts in good faith under it. The same applies to incapacity. If the power of attorney is not durable, the principal's incapacity does not revoke or terminate it as to a person who, without actual knowledge of the incapacity, acts in good faith under it.^[3]

General information, not legal or tax advice.

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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. § 72-31-336. Accessed October 16, 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.