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A Montana Power of Attorney is a document that provides a legal pathway for a person to transfer their own decision-making authority to someone whom they trust to act in their place. In these situations, the individual who is transferring their decision-making authority is known as the Principal, while the person they appoint to take on these responsibilities is referred to as the Agent. This document comes in many different forms, which provides maximum versatility for the Principal by allowing them to only convey the powers they wish, and/or have multiple Agents to take care of different tasks. Montana requires all power of attorney forms to comply with Title 72, Part 31 of the Montana Code in order to be legally enforceable. These statutes require all Principals to be at least 18 years old, and to be signed by the Principal and two (2) witnesses or a Notary Public (depending on the type of power of attorney being employed). Montana requires all healthcare power of attorney documents to be communicated to the Principal's physician and made a part of his or her medical records before being implemented. Furthermore, Montana requires the Principal to be terminal and no longer able to make decisions before the Agent may make decisions on life-sustaining treatments.
Completing a Montana Power of Attorney is easy and requires just a few pieces of information from the Principal. The first piece of information that the Principal will provide is his or her first and last name and address of residence. Next, the Principal will appoint his or her Agent by providing his or her full name, address, and contact number. Once the Agent has been identified, the Principal will then describe the powers that he or she has conveyed. Finally, the Principal will date and sign the agreement, and have the document notarized and/or witnessed so it may then take effect.