Power of attorney guide
Power of Attorney in Montana
Montana law presumes a notarized signature is genuine rather than requiring a notary outright, but every bank and recorder treats notarization as required. Montana publishes a statutory form (MCA §72-31-353). An online notarization performed under another state's law is recognized in Montana.
Montana power of attorney at a glance
Notary
Recommended (required to record)
Witnesses
None required
Online notarization
Accepted
Statutory form
MCA §72-31-353
Financial (property) power of attorney under MCA §72-31-301 et seq.. Health-care documents follow their own rule: see below. Checked 2026-10-17.
The Montana statutory form
Montana statutory form power of attorney : MCA §72-31-353.
The statutory form is the one banks and recorders in Montana see most often, and the one the statute requires third parties to accept when it is properly signed. A lawyer-drafted power of attorney is equally valid if it is executed the same way.
How to sign a power of attorney in Montana
A notarized signature is presumed genuine (MCA §72-31-305); notarization is not strictly required but is expected by institutions and required to record.
No witnesses are required.
Online notarization in Montana
Montana's notary law recognizes a notarial act performed in another state by an authorized notary (MCA §1-5-605) and Montana remote notarization has run since 2019.
Rush Notary’s notaries are commissioned online notaries public in Florida and notarize for Montana signers over live video under Florida’s remote online notarization law. The certificate they complete is a Florida certificate; Montana honors it under the recognition rule above. Details for this state are on the Montana online notarization requirements page.
Using it for real estate
A power of attorney for a conveyance must be acknowledged and recorded with the county clerk and recorder.
Title companies also ask the agent to sign an affidavit at closing that the principal is alive and the power has not been revoked, and lenders review the document before closing. See the real estate power of attorney page.
Medical power of attorney in Montana
A Montana declaration or power of attorney for health care under the Rights of the Terminally Ill Act (MCA §50-9-103) must be signed before two adult witnesses; no notary is required.
What a health-care agent can decide, and how the document differs from a living will, is on the medical power of attorney page.
Revoking a Montana power of attorney
Written revocation delivered to the agent; record it where the original was recorded.
Using a power of attorney for a birth or death certificate in Montana
Whether an agent can request a certified copy of a Montana birth, death or marriage record under a power of attorney, and what the application itself needs, is on the Montana vital records page. The power of attorney for vital records page covers how to draft one.
Montana power of attorney forms we index
Government forms in Montana that are powers of attorney: limited powers for permits, zoning and tax matters, and state-agency forms, each with the issuing office, the notary requirement and the PDF.
State agency forms
MV65 Power of Attorney · Montana Motor Vehicle Division
Use MV65 to appoint an individual or business to act for you on specified motor vehicle or vessel registration and title matters. The form includes vehicle information and an odometer statement.
Montana power of attorney questions
- Does a power of attorney need to be notarized in Montana?
- A notarized signature is presumed genuine (MCA §72-31-305); notarization is not strictly required but is expected by institutions and required to record.
- Does a Montana power of attorney need witnesses?
- No witnesses are required.
- Can a Montana power of attorney be notarized online?
- Montana's notary law recognizes a notarial act performed in another state by an authorized notary (MCA §1-5-605) and Montana remote notarization has run since 2019.
- Is there an official Montana power of attorney form?
- Yes, the Montana statutory form power of attorney (MCA §72-31-353).
- Does a power of attorney have to be recorded in Montana?
- Only when it is used to sign a deed, mortgage or other recorded instrument. A power of attorney for a conveyance must be acknowledged and recorded with the county clerk and recorder.
- How is a medical power of attorney signed in Montana?
- A Montana declaration or power of attorney for health care under the Rights of the Terminally Ill Act (MCA §50-9-103) must be signed before two adult witnesses; no notary is required.
Types of power of attorney
Durable power of attorney
Stays in force if you later lose capacity. The standard choice for long-term planning.
Medical power of attorney
Names someone to make health care decisions when you cannot. Witness rules vary by state.
Limited power of attorney
Authority for one task or one period: a closing, a permit, a vehicle sale, a trip abroad.
Financial power of attorney
Banking, bills, investments, taxes and property. Usually durable; usually on the state's statutory form.
Springing power of attorney
Takes effect only when a stated event happens: usually a doctor's finding of incapacity.
Vehicle power of attorney
Lets someone title, register or sell a car for you. Most DMVs publish their own notarized form.
Real estate power of attorney
To buy, sell, mortgage or manage property. Must be notarized and is recorded with the deed.
Power of attorney for a minor child
Lets a grandparent, relative or friend care for your child and deal with schools and doctors while you are away.
Power of attorney for vital records
Lets an agent request a birth, death or marriage certificate for you where the state allows it.
Other states
- Texas
- California
- Florida
- New York
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
General information about how powers of attorney are signed, not legal advice. Execution rules are set by each state’s statute and change; the sources on each state page link to the current text. Whether a particular bank, recorder, agency or title company accepts a document is its own decision. Confirm with the receiving party before signing. Rush Notary’s notaries are commissioned online notaries public in Florida who notarize for signers in every state under Florida’s remote online notarization law; see the online notarization requirements for your state.