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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.

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.

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 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.

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.

Rule 10 ? Death or Removal of Attorney. (c) Such notice may be by personal service or by certified mail to said party's last known address. (d) If said party does not appoint another attorney or appear in person within twenty-one days of the serve or mailing of said notice, the action may proceed to judgment.