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Does a Power of Attorney remain valid after a death? The short answer is no, a Power of Attorney dies with the person. A Power of Attorney is a document that grants another person permission to act on their behalf, during life, thus when that individual passes away, the document is null and void.

Under the Montana Uniform POA Act, a POA is considered durable unless the document specifically states that it is terminated by the incapacity of the principal. With a durable POA an agent can handle the principal's financial affairs without the need for court action.

Montana power of attorney forms are documents that allow a person to designate another person to make decisions on their behalf. The person giving authority (?principal?) has the option to transfer financial, medical, or any other type of affair handled by the representative of their choice (?agent?).

Many people mistakenly believe that a medical power of attorney needs to be notarized in Texas in 2022. The truth is that this does not have to be the case. In fact, the state of Texas allows a medical power of attorney to either be notarized or witnessed by two competent adults for the power of attorney to valid.

The local attorney must file a notice of appearance in the case in which you seek to appear. This notice of appearance informs the court that you are making an application to the Montana Bar to appear pro hac vice.

In Montana, a Health Care Power of Attorney is effective upon your signature, without having your signature notarized or witnessed. However, notarization provides proof your signature is genuine should any questions arise from family members and/or health care professionals.