You can limit your Attorney-in-Fact’s powers, restrict some actions from his or her behavior, or set specific instructions on paper. Place your initials directly next to the words “All Preceding Subject” to grant the fullest general authority allowable in Montana to your Agent. To grant power to your Attorney-in-Fact in every one of the areas of subjects in this list, then leave every item except for the final statement unmarked. If you wish to grant all of these powers to the Attorney-in-Fact, then skip over the majority of this list and locate the final item. If a principal power on this list should not be placed in the control of the Attorney-in-Fact, then do not initial it. As the Principal, initial each power that you wish to appoint to the Montana Attorney-in-Fact from this list. A list of general subjects the State of Montana allows for an Agent’s use of principal power to act with is on display. To do so, the Second Montana Successor Agent must have his or her name, complete address, and current telephone number attached to this role. If neither the Montana Attorney-in-Fact nor First Successor Agent are willing or able to act in your name with the authority this document provides to do so, then it would be very useful to have named a Second Successor Agent to step into the Attorney-in-Fact role. The First Successor Agent’s address and phone number must also be documented. Rather, the First Successor Agent you name will be granted principal authority only if the original Attorney-in-Fact refuses the role, has been revoked, or becomes incapacitated (unable to wield power). These Successor Agents will not be granted power at the same time as the originally named Montana Attorney-in-Fact. An option of setting up a couple of Reserve Agents to take over the Attorney-in-Fact role (when needed) is presented. Keep in mind, this form may be needed to contact this Entity, so make sure your Attorney-in-Fact’s contact information is up to date. The Attorney-in-Fact who shall accept the principal power you are granting and the responsibility that accompanies it must be identified by name, address, and telephone number. Thus, assume this role by presenting your name. As the Private Party issuing this document and granting some or all of your authority to an Attorney-in-Fact, you are the Montana Principal. The first declaration statement requires the Montana Principal’s name reported. How to WriteĪdobe PDF, MS Word, OpenDocument Designation Of Agent The Montana state legislature has created a sample statutory form for powers of attorney at § 72-31-353. If the agent includes the optional Agent Certification then their signature must be acknowledged as well ( § 72-31-305, § 72-31-354). The principal is required to authorize in the presence of a notary public. “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used ( § 72-31-302(7)). “Durable”, with respect to a power of attorney, means not terminated by the principal’s incapacity. Title 72, Chapter 31, Part 3 (Uniform Power of Attorney Act) Definition of “Durable” Versions (2)ĭownload: Adobe PDF, MS Word, OpenDocument It is recommended the agent be someone trustworthy due to the power and responsibility they hold. The person selected to act in their presence, the “agent”, can be any person of the principal’s selection. The designation only occurs while the person granting power, the “principal”, is alive and continues even if they should become incapacitated. A Montana durable statutory power of attorney form allows a person to appoint someone else to handle their financial-related affairs on their behalf.
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