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What is the difference between power of attorney and durable power of?

A general power of attorney gives someone wide legal authority. However, it ends if the person giving it becomes unable to make decisions. In contrast, a durable power of attorney stays in effect even if the person loses mental capacity. Both types are important for different situations.

What are the disadvantages of a durable power of attorney?

One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.

How do you get power of attorney in Montana?

Steps for Making a Financial Power of Attorney in Montana Create the POA Using a Statutory Form, Software, or Attorney. Sign the POA in the Presence of a Notary Public. Store the Original POA in a Safe Place. Give a Copy to Your Agent or Attorney-in-Fact. File a Copy With the Land Records Office.

What three decisions cannot be made by a legal power of attorney?

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.

Does a power of attorney need to be notarized in Montana?

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.