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A Financial Power of Attorney must be signed in front of a notary and should be given to all of your financial institutions, including banks, financial planners, and investment firms. We recommend using the Agent's acknowledgement form attached to the Financial Power of Attorney.

Montana recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testator's handwriting. In Montana, holographic wills do not have be witnessed in order to be valid.

No, in Montana, you do not need to notarize your will to make it legal. However, Montana allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

A will should be signed by the maker, dated, and witnessed by two disinterested persons age 18 and over. Disinterested means the witnesses cannot be named as beneficiaries in your written will. Who can write my will? While you can write your own will it is advisable that you seek legal counsel.

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.

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.