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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.

A Montana durable statutory power of attorney form allows a person to appoint someone else to handle their financial-related affairs on their behalf. The designation only occurs while the person granting power, the ?principal?, is alive and continues even if they should become incapacitated.

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.

It is possible under Montana law to write your own will in your own handwriting. A handwritten will is called a holographic will. You must take care, however, that both the signature and the actual distribution provisions of the document are in your valid handwriting.

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.

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.