Power of Attorney Requirements in Montana

At a glance

Requirements one by one

Governing law

Montana calls Title 72, chapter 31, part 3 the "Uniform Power of Attorney Act" (§ 72-31-301). The current execution rule applies to Montana powers signed on or after October 1, 2011 (§ 72-31-306(1)).

Who must sign

The power "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" (§ 72-31-305). The second route lets a directed person sign the principal's name when needed.

Notarization

Under the second sentence of § 72-31-305, acknowledgment before a notary or another authorized person makes the principal's signature "presumed to be genuine." Section 72-31-306(1) makes a power valid when its execution complies with § 72-31-305; acknowledgment is not stated as a condition.

Witnesses

Section 72-31-305 sets out the execution rule in full: a signature by the principal or a directed signer in conscious presence, followed by an optional acknowledgment presumption. It names no witness requirement.

Statutory form

A document substantially in the form printed at § 72-31-353 "may be used" to create a statutory form power. Section 72-31-354 separately offers an optional form for the agent to certify facts concerning a power of attorney.

Durable by default?

The official current § 72-31-304 says: "A power of attorney created under this part is durable unless it expressly provides that it is terminated by the incapacity of the principal." An express termination term is needed to opt out.

Springing POA allowed?

The principal may specify a future date, event, or contingency (§ 72-31-309(1)) and authorize someone to record that it occurred. If an incapacity trigger has no willing named determiner, subsection (3) permits a physician for impaired decision making, or an attorney, judge, or appropriate government official for the alternative incapacity category.

Real estate extras

A power of attorney to convey real estate appears among documents the county clerk must record when the statutory fee is paid (§ 7-4-2613(1)(a)(i)). Section 72-31-305 itself does not add a recording step to execution.

Out-of-state POAs

An out-of-state power is valid if its execution met the law of the jurisdiction that determines its meaning and effect (§ 72-31-306(3)). Under § 72-31-307, that jurisdiction is the one indicated in the power, or, if none is indicated, where it was executed. Subsection 306(3) also recognizes a qualifying military power of attorney; federal law exempts that instrument from state formality rules (10 U.S.C. § 1044b(a)). Military powers are outside this survey's main scope.

What trips people up

• Using a financial form for health care. Section 72-31-303 excludes health care powers, creditor interests coupled with a power, entity voting proxies, and forms prescribed for government purposes. The execution rules on this page apply to the financial powers covered by Part 3.

Common questions

Does a Montana power signed before October 2011 still count? Section 72-31-306(2) measures its execution by Montana law in effect when it was signed.

Can I use a photocopy? Yes, unless another statute says otherwise: § 72-31-306(4) gives a photocopy or electronically transmitted copy the same effect as the original.

Statutes and sources

These quotations are from the Montana Legislature's current MCA 2025 section pages, accessed 2026-10-06.

• § 72-31-301: This part may be cited as the "Uniform Power of Attorney Act".
• § 72-31-303: "This part applies to all powers of attorney except" the listed categories.
• § 72-31-304: "A power of attorney created under this part is durable unless it expressly provides that it is terminated by the incapacity of the principal."
• § 72-31-305: "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."
• § 72-31-306: A Montana power signed on or after October 1, 2011 "is valid if its execution complies with 72-31-305"; subsections (2)-(4) address older powers, out-of-state powers, and copies.
• § 72-31-307: "The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney" with an execution-location fallback.
• § 72-31-309: "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."
• § 72-31-353: "A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this part."
• § 72-31-354: "The following optional form may be used by an agent to certify facts concerning a power of attorney."
• § 7-4-2613: The clerk must record listed instruments upon payment of the fee; the list expressly includes "powers of attorney to convey real estate".
• 10 U.S.C. § 1044b(a): A military power of attorney "is exempt from any requirement of form, substance, formality, or recording" supplied by state power of attorney law.