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The most common types of advance directives are the living will and the durable power of attorney for health care (sometimes known as the medical power of attorney). There are many advance directive formats.

In Montana, there are generally four types of Power of Attorney: General, Durable, Special (or Limited), and Medical. A General POA gives broad powers to your agent to act in your stead. A Durable POA remains in effect even if you become incapacitated. A Special or Limited POA is for one-time or specific transactions.

Under Montana legislation, this must be done in the following way: Both the Principal and the Agent must sign. A notary public must oversee the signing and sign too. If you are signing a Power of Attorney, you will need to have your signatured acknowledged by a notary public.

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.

The most common types of advance directives are the living will and the durable power of attorney for health care (sometimes known as the medical power of attorney). There are many advance directive formats.

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.