A Power of Attorney
MCA 72-31-304 — durable unless it says otherwise, signed by the principal, and effective when signed unless it names a later time
A power of attorney is signed by the principal, or by another in the principal's conscious presence at the principal's direction. A signature acknowledged before a notary is presumed genuine.
Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
It is durable, surviving the principal's incapacity, unless it expressly says incapacity ends it.
It takes effect when signed, unless it names a future date or event. One that starts at incapacity takes effect on a written finding by the person it names, or by a physician, attorney or judge.
Sources for this section (3)
- MCA 72-31-304 — Power of attorney is durable
- MCA 72-31-305 — Execution of power of attorney
- MCA 72-31-309 — When power of attorney effective
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.