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You wouldn’t want someone pulling you off the plug when you want to fight or your family/ attorney making the wrong business decisions in your absence, would you?
Well, here’s what you can do about it – get a power of attorney. Also known as a POA, a letter of authority, letter of authorization, or a letter of attorney, this document puts in writing your wishes and names the person you wish to act on your behalf if you are incapacitated. The person you grant power over your affairs is your attorney-in-fact or your agent.
Your agent can have broad or limited powers, and this means that you may end up with more than one agent. To avoid confusion when you have many agents, you should specify whether they act independently or in a joint manner.
Under the Montana state POA guidelines, the powers are only executable upon the incapacitation or the disability of the principal. So, as long as you can make decisions and are of sound mind, you make all your decisions.
Types of Powers of Attorney in Montana
Montana Durable Power of Attorney Laws
Whether you are old or young, you need to prepare for the difficult things that are yet to come. By preparation, we mean that you should lay down conditions, rules or your expectations that will apply to your health or your estate should anything happen to you and should you be in a position where you are unable to act. To protect your interests, you will need the durable POA document to name the person who will take care of and protect your interests when you are unable to. The person you appoint should be trustworthy and with sufficient knowledge about the functioning of your business.
Your estate aside, do you have someone you trust to act as you would, someone you trust to follow your health directives to the latter in the event of your incapacitation? Though this hardly comes up in conversations, you need to identify one person you trust to make the tough calls when you are unconscious or mentally unable to make sound decisions.
Your agent should be in a position to direct your attending physicians on matters regarding your medication or the of artificial procedures for your sustenance. According to your wishes, the agent may refuse to consent or give their consent for your health care. Choosing an agent for your health care is crucial in preventing family flares, grudges and disputes.
The free Montana power of attorney form you will fill will have durable POA in it. The durable powers of attorney and the requirements of the document are provided for in code section 50-9-101 et seq. under Montana’s state Rights of the Terminally Ill.
The powers granted to the agent by the DPOA include withholding or withdrawing life-supporting treatment which only works to extend the dying process.
While the principal can designate someone else to make the tough calls on matters regarding withdrawing or withholding of treatments, the agent has no authority over the health care of a pregnant woman if the fetus is viable.
The conditions that make the durable POA valid
For its validity, the principal should be at least 18 years when signing it and they should be of sound mind.
The document should be signed by another person or the principal’s declarant at their request.
The signing of the document should happen with at least 2 adult witnesses present
The POA should be communicated to the attending physician and included in the principal’s medical records
For the POA to be executable, the principal should be declared terminal by the attending physician to show that they cannot make the call on matters regarding life-supporting procedures.
The principal can revoke the POA at any time and any manner, their mental or physical condition notwithstanding. The revocation is effective as soon as the notice is issued.
Noncompliance: an attending physician unwilling to follow the directives of the POA must transfer the patient to a willing physician.
Montana Limited POA Law
If you are looking for a legal process that will allow you to grant an agent-specific powers, you need a limited POA. As the name suggests, this document will allow the agent to act in your place when you are unavailable or incapacitated. The best part is that the powers granted are revocable. All a principal needs to do is to sign a revocation notice and send it to the agent and third parties acting on the directives of the agent.
Montana Limited POA For Stock Transactions Law
This is a specific limited POA that allows a principal to delegate powers to an agent. The agent can only transact in stocks on behalf of the principal. Like the limited POA, it’s revocable through a revocation notice sent to the agent and third parties.
Which city do you reside in within the state of Montana? Missoula, Great Falls, Butte, Bozeman, Helena, Anaconda, or any other beautiful city? Well, you don’t have to worry because you can access our free online power of attorney forms wherever you are.