This publication is not intended to replace legal advice. Rather, it aims to raise public awareness of Montana`s uniform power of attorney law. Future changes in the laws of Montana cannot be predicted, and the statements contained in this MontGuide are based solely on the laws in effect at the time of publication. The list contained in this document can, of course, be modified by the customer in one way or another. However, it should be borne in mind that the intended effect of this document may be seriously affected. If the client wishes to change any of the wording of the items on the list that define the powers of attorney granted, it is strongly recommended that you consult a lawyer beforehand. As we get older, preparing for the future can involve difficult choices. What happens to our home, car and other possessions when we are away? There is estate planning to make these decisions. Who will look after our financial interests if we are unable to do so? There are also financial powers for that. There are Montaners who could benefit from a power of attorney (POA) because of their situation. A power of attorney is a document in which one person gives another person the power to perform certain actions on their behalf. The following are examples of situations where a written power of attorney might be useful: Legal forms can be downloaded from this website and from MSU Extension`s estate planning website under the MontGuide Power of Attorney under www.montana.edu/estateplanning. Living wills give instructions on the level of health care a person wants or doesn`t want in case they become seriously ill and can`t speak for themselves. Living wills can be short, simple statements that express a person`s values and choices. Advance directives are not used as long as a person is able to make their own decisions about accepting or rejecting medical treatment. They are only used when a treating health care provider determines that a person is in an incurable disease and is no longer able to participate in decisions about medical treatment. A real estate proxy in Montana allows residents to elect an agent to process real estate transactions on their behalf. The selected party has the right to perform actions that include, but are not limited to, the management, sale, acquisition and rental of real estate. Montana law states that all power of attorney forms are “permanent” unless otherwise stated (§ 72-31-304). Therefore, this strength is. The Montana Uniform Power of Attorney Act lists certain actions that the agent can take, but only if the principal explicitly states authority in the Act. The contracting authority should carefully consider whether the following additional powers should be delegated to an agent, as they could have a significant impact on the principal`s estate plan. The Power of Attorney is effective when it is signed, unless the client has instructed that it will come into effect at a later date or when a future event or contingency occurs. This is called spring strength. The POA will be “created” under the conditions specified by the customer. When a power of attorney is issued, the sender may authorize one or more persons to determine that the event or emergency specified in the power of attorney has occurred. Montana law defines a health care provider as a person licensed, certified, or otherwise authorized under Montana law to administer health care in the ordinary course of business or in the practice of a profession. These include, but are not limited to, hospitals, physicians, qualified care facilities, care facilities, home health agencies, home health care providers, ambulatory surgery facilities, and hospices. A Power of Attorney created and signed in Montana prior to October 1, 2011 will continue to be valid as long as it meets the requirements of the former Montana Act. Clients who already have a power of attorney, but find that their circumstances have changed since it was signed, may want to be reviewed by a lawyer to determine if the power of attorney is still sufficient to meet their current and future needs. The Montana Minor Power of Attorney form is used to transfer some parental authority from a child`s parent to a trusted agent (“guardian” or “agent”). This is a temporary guardianship position and, under state law, the officer can only maintain his authority for a maximum period of six (6) months from the execution of this power of attorney. However. The Registry does not provide legal advice or services. Consumers should consult with their doctor, lawyer or agencies specializing in the choice of end-of-life care about any questions they may have in relation to living wills, living wills, medical powers of attorney and other personalized policies. The originator must inform the agent of the power of attorney (often called a power of attorney) granted to him or her in the power of attorney document and ensure that the proxy understands the actions that can be taken. The discussion should also include clarification of the financial interests of the principal and how the agent`s possible decisions might affect those interests. The Montana Motor Vehicle Power of Attorney form is used by individuals to authorize agents to process the sale or purchase of a motor vehicle. Under this Agreement, the transfer and registration of ownership, registration and all other related representations to the Motor Vehicle Department (location search) may be made by the agent on behalf of the Customer.