Montana Durable Power of Attorney Form

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A Montana Durable Power of Attorney Form is used when the Principal wants their Agent to maintain their powers even after the Principal has been declared incapable of making their own decisions. There are a variety of reasons why a Principal might be declared incapacitated, such as being rendered comatose, but this form will let the Agent continue to manage the Principal’s financial affairs after a doctor has declared the Principal incapacitated.

Unless the Principal voluntarily revokes the agreement, it is very difficult for a Durable Power of Attorney agreement to be declared void. In Montana, if the Principal and Agent are married, it will not even be declared void if they are divorced, although a Court may rarely declare it void in that case. Thus a Principal should be careful in choosing their Agent, as they will maintain their powers in almost all situations.

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