What the rule says
Montana adopted the Uniform Power of Attorney Act effective October 1, 2011, codified at Mont. Code Ann. § 72-31-201 et seq.
Default durability
A Montana POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under Montana's UPOAA, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).
Third-party acceptance
Montana law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid Montana POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare advance directive is separate
Montana separates property and healthcare frameworks. Healthcare decisions require a separate Montana Living Will and Power of Attorney for Health Care under Mont. Code Ann. § 50-9.
What happens without a POA
If a Montana resident becomes incapacitated without an executed durable POA, the family must seek conservatorship or guardianship.
What you can do about it
For Montana residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Healthcare POA. - Update older POAs.
Who this affects most
Montana's POA framework is most consequential for Montana adults without executed POAs.