Financial Power of Attorney - Montana

MONTANA DURABLE FINANCIAL POWER OF ATTORNEY

Important Information

This document is a financial power of attorney under the Montana Uniform Power of Attorney Act, Mont. Code Ann. Title 72, chapter 31, part 3. It does not authorize health-care decisions.

Under § 72-31-304, a Montana power of attorney is durable unless it expressly says that incapacity terminates it. Under § 72-31-309, it is effective when executed unless the Principal states a future date, event, or contingency. Section 72-31-305 requires the Principal to sign, or to direct another individual to sign in the Principal's conscious presence. Acknowledgment before a notary or other authorized officer gives the signature a statutory presumption of genuineness.

The authority over each general subject initialed below is incorporated under § 72-31-337 and construed under § 72-31-338. Section 72-31-336 requires a separate express grant for the special estate-planning powers listed in Section 6; this form withholds those powers.

1. Principal

I, [PRINCIPAL FULL LEGAL NAME], of [PRINCIPAL ADDRESS], appoint the Agent named below to act for me subject to this document and Montana law.

2. Agent

Agent: [AGENT FULL LEGAL NAME]

Address: [ADDRESS]

Telephone and Email: [CONTACT INFORMATION]

3. Successor Agents

If the Agent resigns, dies, becomes incapacitated, is not qualified, or declines to serve, I appoint:

First Successor Agent: [NAME, ADDRESS, TELEPHONE AND EMAIL]

If that person cannot or will not serve, I appoint:

Second Successor Agent: [NAME, ADDRESS, TELEPHONE AND EMAIL]

Under § 72-31-316, a successor has the same authority as the original Agent unless this document states otherwise and may act only after all predecessor Agents have ceased or declined to serve.

4. General Authority

Initial each subject you grant. Initial “All Preceding Subjects” instead of each separate subject only if you intend to grant every listed general subject.

This grant incorporates the selected subjects as authorized by § 72-31-337 and construed under § 72-31-338. The subject labels track the statutory form in § 72-31-353.

5. Limitation on the Agent's Authority

An Agent who is not my ancestor, spouse, or descendant may not use my property to benefit the Agent or a person whom the Agent is legally obligated to support unless I add that authority in attorney-drafted Special Instructions. This limitation follows § 72-31-336(2).

The Agent may not make health-care decisions or execute or revoke my will.

6. Special Powers Withheld

I do not authorize the Agent to exercise any power listed in § 72-31-336(1), including authority to:

1. create, amend, revoke, or terminate an inter vivos trust;
2. make a gift;
3. create or change rights of survivorship;
4. create or change a beneficiary designation;
5. delegate authority granted by this power of attorney;
6. waive my right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
7. exercise fiduciary powers that I may delegate; or
8. disclaim property, including a power of appointment.

Do not alter this section without individualized advice from a Montana attorney. A gift power is also governed by § 72-31-352 and does not arise from a general grant alone.

7. Special Instructions and Limits

The following instructions may narrow the general authority granted above. They do not add a power withheld by Section 6:

[____________________________________________________________]

[____________________________________________________________]

8. Effective Date

Choose one:

☐ This power of attorney is effective immediately upon execution.

☐ This power of attorney becomes effective upon this future date, event, or contingency: [DESCRIBE PRECISELY].

For a springing power, I authorize [NAME OR OFFICE] to determine in a signed writing or other record whether the stated event or contingency has occurred. If the event is my incapacity and the authorized decision-maker cannot or will not act, § 72-31-309(3) supplies the applicable determination procedure.

9. Durability

This power of attorney is durable and is not terminated by my incapacity.

10. Nomination of Conservator or Guardian

If a court decides that a conservator or guardian should be appointed, I nominate:

Conservator or Guardian of My Estate: [NAME, ADDRESS AND TELEPHONE]

Guardian of My Person: [NAME, ADDRESS AND TELEPHONE]

This nomination is made under § 72-31-308. The court retains its statutory authority over any appointment.

11. Agent's Duties

An Agent accepts appointment by exercising authority, performing duties, or otherwise indicating acceptance unless this document provides another method. Under § 72-31-319, an Agent who accepts must:

1. follow my reasonable expectations to the extent actually known and otherwise act in my best interest;
2. act in good faith and only within granted authority;
3. unless this document provides otherwise, act loyally, avoid disabling conflicts, use ordinary care, competence, and diligence, keep transaction records, cooperate with my health-care decision-maker, and attempt to preserve my known estate plan when consistent with my best interest; and
4. provide records when a court or an authorized requester identified in § 72-31-319(8) properly requests them, within the statutory time.

12. Compensation and Reimbursement

Choose one compensation provision:

☐ The Agent may receive reasonable compensation and reimbursement of reasonable expenses.

☐ The Agent will receive reimbursement of reasonable expenses but no compensation.

☐ Other: [DESCRIBE].

13. Termination and Revocation

I may revoke this power of attorney or the Agent's authority while I have capacity to do so. Section 72-31-310 governs termination. Among other events, the power terminates at my death, upon revocation, when a stated termination event occurs, when its purpose is accomplished, or when no Agent remains able and authorized to act.

Filing an action for dissolution, annulment, or legal separation terminates a spouse-Agent's authority unless this document states otherwise. A later power of attorney does not revoke this one unless the later document says that this power, or all earlier powers, are revoked.

14. Reliance, Judicial Relief, and Liability

Sections 72-31-324 and 72-31-325 govern acceptance and reliance on an acknowledged power of attorney. A person asked to accept it may request an Agent's certification, an English translation, or an opinion of counsel in the circumstances stated by § 72-31-324.

The persons listed in § 72-31-321 may petition a court to construe this document, review the Agent's conduct, and grant appropriate relief. Under § 72-31-322, an Agent who violates the Act is liable for the amount required to restore the value of my property and reimburse attorney fees and costs paid on the Agent's behalf. This document does not impose an artificial liability cap, mandatory arbitration, or jury waiver.

15. Governing Law

Montana law governs the meaning and effect of this power of attorney.

16. Principal's Signature and Acknowledgment

I sign this document voluntarily and intend to create a durable financial power of attorney.

Principal's Signature: ____________________________________

Printed Name: [PRINCIPAL FULL LEGAL NAME]

Date: [__/__/____]

STATE OF MONTANA

COUNTY OF [COUNTY]

This document was acknowledged before me on [__/__/____] by [PRINCIPAL FULL LEGAL NAME].

Notary Public or Other Authorized Officer: ______________________________

Printed Name: [________________________________]

Commission Expires: [__/__/____]

17. Optional Agent Acknowledgment

I, [AGENT NAME], acknowledge that I have read this document and accept the appointment subject to Montana law and the duties stated above.

Agent's Signature: ____________________________________

Date: [__/__/____]

18. Optional Agent Certification

An Agent may use the certification form in Mont. Code Ann. § 72-31-354 to certify facts concerning the validity of this power of attorney and the Agent's authority.

Sources and References

• Montana Code Annotated, Title 72, chapter 31, part 3 table of contents: https://archive.legmt.gov/bills/mca/title_0720/chapter_0310/part_0030/sections_index.html
• Mont. Code Ann. §§ 72-31-304, 72-31-305, 72-31-308 through 72-31-310: https://mca.legmt.gov/bills/mca/title_0720/chapter_0310/part_0030/sections_index.html
• Mont. Code Ann. §§ 72-31-316, 72-31-318 through 72-31-322, 72-31-324, and 72-31-325: https://mca.legmt.gov/bills/mca/title_0720/chapter_0310/part_0030/sections_index.html
• Mont. Code Ann. §§ 72-31-336 through 72-31-338 and 72-31-352 through 72-31-354: https://mca.legmt.gov/bills/mca/title_0720/chapter_0310/part_0030/sections_index.html