Montana Power of Attorney Form

Authorize someone you trust to act on your behalf. Fill in the details below and download a print-ready PDF. Free, no signup — but read the signing rules below, because a POA usually must be notarized.

Reflects current Montana rules · 2026 Official source linked Free PDF · no signup · nothing uploaded

Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.

Using a power of attorney in Montana

How Montana’s statute treats durability, statutory forms, real estate, and revocation — with the section each rule comes from.

Uniform act. Montana has adopted the Uniform Power of Attorney Act, so its rules on agent duties and third-party acceptance follow the national model. — MCA §72-31-301 (En. Sec. 1, Ch. 109, L. 2011) ↗
Durable by default. In Montana a power of attorney stays effective if you become incapacitated unless the document says otherwise. — MCA §72-31-304 (amd. Sec. 28, Ch. 109, L. 2011) ↗
Statutory form. Montana’s code includes an optional form (Statutory form power of attorney, MCA §72-31-353); banks are most familiar with it. — MCA §72-31-353 (En. Sec. 44, Ch. 109, L. 2011) ↗
Agent’s certification. Agent's Certification (optional form), MCA §72-31-354 — MCA §72-31-354 (En. Sec. 45, Ch. 109, L. 2011) ↗
Revoking it. POA terminates when the principal revokes it; agent's authority ends when principal revokes it. Termination not effective against those acting in good faith without actual knowledge. — MCA §72-31-310(1)-(2) (En. Sec. 9, Ch. 109, L. 2011) ↗

Each point links to the Montana source it was taken from. Rules change; confirm before relying on them.

Montana signing rules · as of 2026

Notarization: Strongly recommended
Witnesses: None required
Official state form: Yes

Source: Mont. Code §72-31-305 (form §72-31-353) · verify ↗. A POA gives real authority over your money — sign it before a notary (and witnesses where required), and take advice for high-value or health-care matters.

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What a Montana power of attorney does

It lets your chosen agent step into your shoes for the tasks you allow — paying bills, managing bank accounts, handling real estate or taxes — which is invaluable if you travel, deploy, or want a plan in case of illness. You stay in control: you decide the powers, whether it’s durable, and you can revoke it anytime.

If your agent will sign a deed for you, the deed itself still has to meet Montana’s rules for signing and recording — the Montana quitclaim deed page lists them, with the statute.

Signing it correctly in Montana

A POA only works if institutions accept it, which is why the signing formalities matter. Get it notarized, add witnesses if Montana requires them, and check whether your state has a statutory form banks prefer. See the current Montana power-of-attorney requirements.

Frequently asked questions

Does a Montana power of attorney have to be notarized?

In Montana, notarization is not strictly required by statute but is strongly recommended — banks and other institutions almost always expect a notarized POA, so notarize it anyway (as of 2026). Source: Mont. Code §72-31-305 (form §72-31-353).

What powers can I give my agent?

You can grant broad authority (banking, real estate, bills, taxes, insurance) or limit it to specific tasks. List exactly what you want your agent to handle in the “powers” field. Some acts (like real estate) may need extra formalities to be recorded in Montana.

Is a power of attorney durable by default in Montana?

Yes. In Montana a power of attorney stays effective if the principal becomes incapacitated unless the document says otherwise. Source: MCA §72-31-304 (amd. Sec. 28, Ch. 109, L. 2011).

Does Montana have a statutory power of attorney form?

Yes — Statutory form power of attorney, MCA §72-31-353. Banks and agencies are most familiar with it; the template here follows the same structure. Source: MCA §72-31-353 (En. Sec. 44, Ch. 109, L. 2011).

How do I revoke a power of attorney in Montana?

POA terminates when the principal revokes it; agent's authority ends when principal revokes it. Termination not effective against those acting in good faith without actual knowledge. Source: MCA §72-31-310(1)-(2) (En. Sec. 9, Ch. 109, L. 2011).

How does Montana compare? See the notary and witness rules in all 50 states, every rule cited to statute.

How Montana compares

Computed from our 51-jurisdiction dataset (as of 2026). Source for Montana: Mont. Code §72-31-305 (form §72-31-353) ↗.

Montana is one of 20 of 51 jurisdictions that recommend (but do not require) notarization (30 require notarization; 1 do not require notarization).
Montana is one of 35 of 51 jurisdictions that publish a statutory form in the code (16 have no statutory form).

Witnesses required

Witnesses required: 0, exactly the national median.

This is the most common figure nationally — shared by 40 other states.

Witnesses required in neighboring states — Idaho (0), North Dakota (0), South Dakota (0), Wyoming (0). Every neighboring state with a rule matches Montana.

The rest of what Montana requires

The figures below are Montana's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Montana page for that document.

Security deposit cap · as of 2026: No statutory limit Mont. Code §70-25-202 ↗
Deposit return deadline · as of 2026: 30 days after move-out Mont. Code §70-25-202 ↗
Notice to end a month-to-month tenancy · as of 2026: 30 days Mont. Code §70-25-202 ↗
Notice for unpaid rent · as of 2026: 3 days to pay or quit Mont. Code Ann. §§ 70-24-422, 70-24-441 ↗
Notice to cure a lease violation · as of 2026: 14 days Mont. Code Ann. §§ 70-24-422, 70-24-441 ↗
Small claims limit · as of 2026: $7,000 Mont. Code Ann. § 25-35-502 ↗
Where you file · as of 2026: Small Claims Court (a division of Justice Court; some district courts also operate a small claims division) · filing fee $30 filing fee plus sheriff/process-server service costs; defendant pays $20 to contest or counterclaim (courts.mt.gov official Small Claims instructions) Mont. Code Ann. § 25-35-502 ↗
Rental application fee · as of July 2026: No statutory limit Montana Code ↗
Bill of sale notarization · as of 2026: Not required Montana MVD (Form MV24) ↗
LLC operating agreement · as of 2026: Not required by statute, but it controls over the default rules Mont. Code Ann. § 35-8-102(23) (definition); § 35-8-109 (effect of operating agreement) ↗
Recording a deed · as of 2026: County Clerk and Recorder · no witnesses MCA 70-20-101 ↗

Power of attorney in other states

More Montana legal forms

Different state? See power of attorney by state →