Free Montana Power of Attorney for Minor Child Form

Montana Minor Child Power of Attorney Law

Under Section 72-5-103 of the Mont. Code Ann., a parent or guardian of a minor may delegate powers over the child to another person. The delegation must be made by a properly executed power of attorney, and the parent or guardian who delegates it must sign it.^[1.2]

The delegation can last for a period not exceeding six months. It can cover any powers regarding the care, custody or property of the child, with one exception that the statute quoted below spells out. The form has an effective date block, so choose an end date no more than six months after the start date.^[1.1]

A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 6 months, any powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.

Montana Minor Child Power of Attorney Form Details

This table summarizes the FormsPal template, its statute and how long the delegation can last. You can fill out the template in your browser, or download the Adobe PDF and complete it with the FormsPal PDF editor. You can also print it and fill it out by hand.

How to Fill Out the Montana Minor Child Power of Attorney Form

The FormsPal template runs three pages. Fill in the lines from top to bottom, using the same names and dates that appear in the child's records. Pages 1 and 2 hold the parent statement, the agent, the effective dates and the signature lines, and page 3 is a notary acknowledgment. The steps below follow the form in order.

The screenshots under each step show the FormsPal Montana minor child 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. Parent or guardian and the minor child (page 1). Enter your name and address. Mark whether you are the Parent, the Court-Appointed Guardian or the Court-Appointed Conservator. A legal guardian or conservator whom a court appointed marks that box instead of Parent. Then add the child's name, date of birth and address.

   

2. Additional parent and the agent (page 1). If there is more than one parent, guardian or conservator, complete the additional statement the same way. Then write the agent's name and address on the line that appoints the agent. The form also calls the agent the attorney-in-fact.

   

3. Powers granted and successor attorney-in-fact (page 2). Choose option 1, all authority that the statute allows a parent to delegate, or option 2, limited authority that you write on the line. Then enter the alternate agent's name and address for the successor paragraph.

   

4. Effective date (page 2). Enter the date the power of attorney takes effect and the date it continues until, in the two date lines of the effective date block.

   

5. Date and sign (page 2). Read the line stating that you do not intend to relinquish your parental rights. Fill in the day, month and year, then sign and print your name. A second parent, guardian or conservator uses the second signature line.

   

6. Acknowledgment: county, date and officer (page 3). Page 3 is the acknowledgment for a notary public. The county, the date, the officer's title and the person who appeared go on its lines.

   

7. Notary signature and seal (page 3). The notary signs the Signature line and adds the seal where marked. You do not sign on this page.

   

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How to Sign and Use the Montana Minor Child Power of Attorney

Once the form is filled out, a few practical steps turn it into a legal document the agent can use. These steps come from common practice, not from the Montana statute. Check with the school, clinic or office that will receive the document about anything else it asks for.

1. Gather the details first. Collect the full legal names, addresses and dates of birth for you, your child and the agent, and decide the dates you want the document to cover.
2. Sign in front of a notary. The template includes an acknowledgment page for a notary public. If you plan to use it, sign when the notary is with you and bring a valid photo ID.
3. Make copies. Keep one copy for your records and give one to the agent.
4. Share it where it will be used. Many schools, doctors and other offices want to see the document before they accept it, so the agent can carry a copy.

For other state-specific forms, see all Montana POA forms.

Frequently Asked Questions

How long can a minor child power of attorney last in Montana?

The Montana statute lets a parent or guardian of a minor delegate powers over the child to another person. The delegation can last for a period not exceeding six months.^[1.1]

What powers can a parent not delegate in Montana?

A power of attorney can cover any powers regarding the care, custody or property of the child. The exception is the power to consent to the marriage or adoption of a minor ward.^[1.1]

Does the parent have to sign a Montana minor child power of attorney?

Yes. The delegation must be made by a properly executed power of attorney, and the parent or guardian who delegates the powers must sign it.^[1.2]

General information, not legal or tax advice.

Sources

1. Mont. Code Ann. § 72-5-103.
   • 1.1 § 72-5-103
   • 1.2 § 72-5-103(1)

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.