Special or Limited Power of Attorney for Real Estate Sales Transaction By Seller - Montana 2025

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A Limited Power of Attorney (also called a Specific or Special Power of Attorney) allows the person who has the POA, the holder, to legally act on behalf of someone else, the principal, for a specific timeframe, scope or document.
Legal Requirements in Montana Before you can establish a Power of Attorney in Montana, there are certain legal requirements that must be met: Age and Mental Capacity: The principal must be at least 18 years old and mentally competent. Notarization and Witnesses: Montana law requires the document to be notarized.
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 youll 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.
In California, there are four main types of POAs, each offering a specific scope of decision-making power: general, durable, limited, and medical. Understanding these distinctions is crucial for selecting the POA that best suits your individual needs: General Power of Attorney.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over.
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A power of attorney needs to be signed in front of a licensed notary public in order to be legally binding. The notary public is a representative of the state government, and their job is to verify the identity of the signer, ensure they are signing under their own free will, and witness the signing.
Notarization Requirement While Montana does not technically require you to get your POA notarized, notarization is strongly recommended. Under Montana law, when you sign your POA in the presence of a notary public, your signature is presumed to be genuinemeaning your POA is more ironclad.
When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.

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