MT · POA · Updated July 2026 · Free
Montana Power of Attorney PDF
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Montana at a glance: Governing Law: Mont. Code § 72-31-201 et seq. (UPOAA) · Notarization: Required · Witnesses: Not statutorily required
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Overview
Powers of Attorney in Montana
Montana has adopted the Uniform Power of Attorney Act, codified in the Montana Code Annotated. A financial POA must be notarized to be valid and is durable by default.
A separate health care directive is required for medical decisions in Montana.
Key Facts
Montana Power of Attorney — Quick Reference
| Requirement | Montana Rule |
|---|---|
| Governing Law | Mont. Code § 72-31-201 et seq. (UPOAA) |
| Notarization | Required |
| Witnesses | Not statutorily required |
| Default Durability | Durable by default |
| Medical Decisions | Separate health care directive required |
Legal Requirements
Montana Legal Requirements
- Must be signed by the principal and acknowledged before a notary public.
- Durable by default under Montana's Uniform Power of Attorney Act.
- Agent has fiduciary duties to act in the principal's best interest.
- A separate health care directive is needed for medical decisions.
Governing Laws
Montana Governing Laws
Mont. Code § 72-31-201 et seq.
Uniform Power of Attorney Act
Governs the creation, effect, and termination of powers of attorney in Montana.
Read the full text of these laws at Cornell Law School's Montana legal resources or your state legislature's official website.
Questions & Answers
Montana Power of Attorney — Frequently Asked Questions
Does a Montana POA need to be notarized?
Yes. Montana requires a financial POA to be acknowledged before a notary public.
Is a Montana POA durable by default?
Yes, under Montana's Uniform Power of Attorney Act.
Does a Montana POA cover healthcare decisions?
No. A separate health care directive is required for medical decisions.