Power of Attorney Requirements in Montana
Montana follows the Uniform Power of Attorney Act, so a power of attorney must be signed by the principal and notarization is not required for validity, but a notarized signature is presumed genuine.
Last checked . General information, not legal advice.
Montana at a glance
- Notarization
- Optional, recommended
- A notarized signature is presumed genuine
- Witnesses
- None
- Uniform Power of Attorney Act
- Adopted (2011)
The rules in Montana
Does a power of attorney need to be notarized in Montana?
Notarization is optional in Montana, but a notarized signature is presumed genuine, which makes banks and others more likely to accept the document.
How many witnesses does a power of attorney need in Montana?
None. Montana does not require witnesses for a power of attorney.
Has Montana adopted the Uniform Power of Attorney Act?
Yes. The Uniform Law Commission lists the enactment in 2011.
Where do the Montana rules for powers of attorney come from?
They come from MCA 72-31-305 Execution of power of attorney, MCA 72-31-301 Short title and Uniform Law Commission, Power of Attorney Act. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How Montana compares
Montana is one of 16 jurisdictions that make notarization optional but recommended.
What this means in practice
Even where notarization is optional, banks, brokers and title companies often ask for a notarized power of attorney before they act on it. Notarizing is usually the safer choice.
Choose an agent you trust, name a backup, and give the agent a signed copy. Keep the original in a place your agent can reach.
You can revoke a power of attorney while you have capacity. Tell your agent and anyone who relied on it, in writing.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.