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The specific laws and guidelines set out by the Power of Attorney Act that individuals who wish to fill out a Montana power of attorney form include: 

  • Selecting a representative that they trust to act on their behalf.
  • Understanding that their selected attorney-in-fact cannot make any medical decisions concerning the termination of life-support. 
  • Drawing up the proper power of attorney form and making sure that it follows the structure represented in the statute as closely as possible.
  • If the principal wished to annul the power of attorney form at any time, they have the legal right to do so.

Why Use a POA Form in Montana

While the power of attorney forms are typically thought of as used in only unfortunate situations, there are several reasons for which they are needed and come in handy. One case is if an individual is in grave condition and needs someone to step in and take over the business for them in their best interest. Apart from a very grave situation like this, individuals can also use them to hand over the responsibility of business transactions to another trusted individual. The POA document can serve as reassurance because the individual is set to go on business and needs to hand over the duties to a business partner or to a professional that understands the field better. 

In any form, the principal wishing to fill out a Montana power of attorney form will have the opportunity to choose the parameters to which the chosen individual will act. This can be very specific or very general, depending on the situation. Each different type of situation requires a bit of different paperwork for validity, so knowing and understanding the different forms and power of attorney documents is crucial.

General Power of Attorney

A general power of attorney form is needed to delegate an individual’s financial decisions to another person. This could be a critical or non-critical situation, used in any case when someone wishes to pass on the responsibilities for business or personal affairs to someone of their choosing. A general POA will lose its validity if the principal is to lose their mental capacity or die. 

Durable Power of Attorney 

A durable power of attorney is basically an extension of a general power of attorney, allowing individuals to set more particular parameters. While it is almost the same granting an attorney-in-fact the right to act on financial and business matters, it will remain in effect even if the principal is disabled. 

Guardian of Minor Power of Attorney 

In this case, a parent or legal guardian can pass over the right for a chosen power of attorney to make decisions for their child or dependent. This document is used in situations where parents need to leave the country or cannot make decisions for their children due to absence or medical care. These are used to last for a specified amount of time and generally come with concrete parameters and requests. 

Medical Power of Attorney

This one is used in any situation where the principal is in declining health or has a terminal illness. Attorneys-in-fact are granted the right to make decisions related to the principal’s medical care, remaining valid until the principal’s death. 

Real Estate Power of Attorney 

Real estate power of attorney forms are best used in situations where the principal would like to purchase, sell, or refinance a property. There is a lot of paperwork involved, and individuals can pass on the responsibility to another person they know and trust to handle all of the needed transactions. The list of attorneys-in-fact that principals can choose includes real estate professionals that can make deals and finalize all paperwork involved on the individual’s behalf. This could include purchasing or finalizing a deal and getting the entire real estate transaction process set in stone. 

State Tax Power of Attorney

A tax power of attorney (Federal Form 2848)  is used when as a way to pass over the responsibility of preparing and filing taxes to another individual. This could be the person preparing or filing tax-related documents on the principal’s behalf. With this type of power of attorney, parameters are precise. However, all of the responsibility falls on the taxpayer if anything is to go wrong. Fines may be imposed for a failure to make proper payments when needed or include all necessary papers and documents to file taxes properly. For this type of power of attorney, individuals should be meticulous in the selection, making sure to set specifics with a personal attorney to make sure that things go the way they wish them to.

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