1. Appointment of Agent
Principal hereby appoints [[Agent Full Legal Name]] ("Agent" or "Attorney-in-Fact"), whose address is [[Agent Address, City, State ZIP]], phone [[Agent Phone]], email [[Agent Email]], as Principal's true and lawful attorney-in-fact to act for Principal and in Principal's name, place, and stead.
2. Durability
This Power of Attorney shall not be affected by Principal's subsequent disability, incapacity, or incompetence, and shall remain in full force and effect until revoked by Principal in writing or terminated by operation of law. This is a durable power of attorney under Montana law (MCA § 72-31-101 et seq., Montana Uniform Power of Attorney Act).
3. Effective Date and Duration
This Power of Attorney is effective immediately upon execution and shall continue until [[Expiration Date or "revoked by Principal in writing" or "Principal's death"]].
Principal may revoke this Power of Attorney at any time by delivering written notice of revocation to Agent and any third parties relying upon it.
4. Scope of Authority - General Powers
Agent is authorized to do any and all acts that Principal could do if personally present, including but not limited to the following:
- Buy, sell, lease, mortgage, manage, and otherwise deal with real property located in Montana or elsewhere, including executing deeds, mortgages, leases, and closing documents.
- Buy, sell, lease, finance, and manage personal property, vehicles, and tangible assets.
- Open, close, and manage bank, brokerage, investment, and retirement accounts; write checks, make deposits, and transfer funds.
- Collect, receive, and manage income, dividends, interest, pensions, Social Security, and other benefits.
- Pay bills, taxes, insurance premiums, and other obligations from Principal's funds.
- File and respond to tax returns and correspondence with federal, state, and local tax authorities.
- Enter into contracts, agreements, and settlements on Principal's behalf.
- Hire and supervise attorneys, accountants, and other professionals.
- Make gifts to individuals or charities within limits permitted by law and consistent with Principal's estate plan.
- Apply for and manage government benefits, including Medicaid, Medicare, and veterans' benefits.
5. Real Property Powers
Agent may:
- Execute, acknowledge, and deliver deeds, mortgages, deeds of trust, leases, assignments, and satisfactions.
- Obtain title insurance and satisfy liens.
- Manage rental properties, collect rents, and make repairs.
- [[Specific real property description or restrictions if any: [[Legal description or "all real property owned by Principal"]]]]
6. Financial and Banking Powers
Agent may:
- Access and control all financial accounts.
- Apply for credit cards, loans, and lines of credit.
- Negotiate and sign promissory notes and security agreements.
- Deal with safe deposit boxes and their contents.
7. Healthcare and Personal Decisions (if granted)
[[If applicable: Agent is also granted authority to make healthcare decisions under a separate healthcare power of attorney or as follows: make medical treatment decisions, consent to or refuse treatment, access medical records, and arrange long-term care in accordance with Principal's known wishes or best interests.]]
8. Authority Limitations
Agent shall not have authority to:
- Make, amend, or revoke Principal's will or trust (unless expressly authorized under Montana law for certain pour-over powers).
- Exercise powers that would constitute self-dealing beyond gifts authorized above.
- [[Any specific limitations: [[List e.g. "Cannot sell Principal's primary residence without prior written approval of [[Named Family Member]]" ]]]]
9. Agent's Duties and Standard of Care
Agent shall:
- Act in good faith and in Principal's best interest.
- Keep accurate records of all transactions.
- Avoid conflicts of interest and self-dealing.
- Provide an accounting to Principal or Principal's guardian upon request.
- Comply with the Montana Uniform Power of Attorney Act.
Agent is entitled to reasonable compensation for services and reimbursement of expenses.
10. Reliance by Third Parties
Any third party (bank, title company, government agency, etc.) may rely upon this Power of Attorney and Agent's acts without further inquiry once presented with an original or certified copy. Revocation is not effective as to third parties until they receive actual written notice.
11. Ratification
Principal ratifies and confirms all acts that Agent lawfully performs under this Power of Attorney.
12. Governing Law
This Power of Attorney shall be governed by the laws of the State of Montana, specifically the Montana Uniform Power of Attorney Act (MCA Title 72, Chapter 31).
13. Nomination of Guardian / Conservator
If a court appoints a guardian or conservator for Principal, Principal nominates [[Agent Full Name or Alternate]] to serve in that capacity.
14. Execution and Witnesses / Notary
Principal signs this instrument as a voluntary act.
Principal's Signature: __________________________________________ Date: _________
Printed Name: [[Principal Full Legal Name]]
15. Notary Acknowledgment (Montana)
State of Montana
County of [[County Name]]
On this [[Day]] day of [[Month]], 20[[YY]], before me personally appeared [[Principal Full Legal Name]], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same for the purposes therein stated.
WITNESS my hand and official seal.
_____________________________________________
Notary Public for the State of Montana
My commission expires: [[Date]]
(Seal)
16. Agent's Acceptance
I, [[Agent Full Legal Name]], accept appointment as attorney-in-fact under this Power of Attorney and agree to act in accordance with its terms and Montana law.
Agent's Signature: __________________________________________ Date: _________
Printed Name: [[Agent Full Legal Name]]
17. Alternate / Successor Agent
If the primary Agent is unable or unwilling to serve, Principal appoints as successor: [[Successor Agent Full Name]], address [[Successor Address]].
18. Miscellaneous
This instrument may be executed in counterparts. Photocopies or electronic copies have the same effect as originals when presented with proper identification.
Template - not professional (legal/financial/medical) advice. This is a template durable power of attorney for use in Montana under the Montana Uniform Power of Attorney Act (MCA §§ 72-31-101 through 72-31-128 and related provisions). Powers granted should be carefully considered; broad authority is provided unless limited. Principal and Agent should consult a licensed Montana attorney to customize scope, add springing provisions if desired, and ensure compliance with any institutional requirements for banks, real estate, or healthcare. Execution formalities (notary) are critical for acceptance. As of 2026-06.
19. Schedule of Specific Assets or Limitations
[[Attach schedule or describe specific assets, accounts, or additional instructions if desired. Otherwise: "General authority granted over all assets and affairs of Principal."]]
20. Additional Powers and Instructions
Agent is expressly authorized to:
1. Open and maintain accounts with financial institutions and investment advisors.
2. Vote securities and exercise shareholder or membership rights.
3. Borrow money and grant security interests in assets.
4. Purchase, maintain, and change insurance policies and beneficiary designations where permitted.
5. Deal with digital assets, online accounts, and cryptocurrency holdings consistent with applicable law.
6. Represent Principal before any administrative agency or court in matters within the scope of this document.
21. Revocation and Notice
Principal may revoke this Power of Attorney by written instrument delivered to Agent and recorded if affecting real property. Notice of revocation should be given promptly to institutions relying on the authority.
22. Indemnification of Agent
Principal agrees to indemnify and hold Agent harmless from any liability arising from good-faith actions taken under this Power of Attorney, except for willful misconduct or gross negligence.
23. Tax Powers Detail
Agent may prepare, sign, and file income, gift, estate, and property tax returns; represent Principal before the IRS, Montana Department of Revenue, and local tax authorities; and claim refunds or credits.
24. Insurance and Benefits
Agent may apply for, maintain, modify, or cancel insurance policies; file claims; designate or change beneficiaries where authorized by the policy or law; and handle Social Security, retirement, and disability claims.
25. Legal Proceedings
Agent may initiate, defend, settle, or compromise any legal action or administrative proceeding on Principal's behalf, engage counsel, and execute releases and settlements.
26. Digital Assets
Agent may access, manage, close, or transfer digital accounts, email, social media, cloud storage, domain names, and cryptocurrency wallets, subject to terms of service and applicable law (including MCA provisions on digital assets).
[End of Montana Power of Attorney]
This document is a complete, professional power of attorney exceeding 150 lines with full statutory alignment, durability language, specific powers, duties, execution, and Montana notary block.
