Legal Service Developer Program
Power of Attorney
A Power of Attorney is a written document authorizing someone you name (your "agent" or "attorney-in-fact") to make decisions for you in the event you are unable to speak for yourself. These decisions can include financial and business decisions. They may include health and medical care decisions. This document can also contain instructions or guidelines you want your agent to follow.
You will find two different forms of Power of Attorney in this section:
- a Statutory Form Power of Attorney; and (in WORD, in PDF)
- a Durable Power of Attorney for Health Care and Medical Treatment. (in WORD, in PDF)
The Statutory Short Form Power of Attorney, was created by the Montana legislature. It will allow you to decide the powers you want to delegate to another person. You will be able to decide when the authorization to act on your behalf will begin.
You will also find a Durable Power of Attorney for Health Care and Medical Treatment. If you should ever lose your capacity to make and/or communicate decisions because of a temporary or permanent illness or injury, the Durable Power of Attorney for Health Care allows to you retain some control over important health care decisions by choosing a person to make health care decisions for you.
Without a formally appointed person, many health care providers and institutions will make critical decisions for you, not necessarily based on what you would want. In some situations, a court appointed guardian may become necessary unless you have a health care power of attorney, especially where the health care decision requires that money be spent for your care.
A Durable Power of Attorney for Health Care is different from a Living Will. A Living Will is a written statement of your wishes regarding the use of medical treatments in end of life situations. The statement is to be followed if you are unable to provide instructions at the time the medical decision needs to he made. Living wills are recognized in Montana. However, they are limited to decisions about "life-sustaining procedures” in the event of "terminal illness" and when your life expectancy is a "short period of time.”
The Health Care Power of Attorney is different. This power applies to all medical decisions, unless you decide to include limitations. This power can include specific instructions to your agent about any treatment you want done or want to avoid.
You need to be careful with the use of the Power of Attorney. The power you grant to another person is broad and sweeping. The power will become effective immediately unless you state otherwise.
You need to have your signature notarized on your Power of Attorney by a Notary Public. You also need to give the original Power of Attorney to your agent so he/she will have the document when the time comes to make decisions for you. You want to make certain the person to whom you give the power is trusted and knows your intent.
Revocation
You may revoke your power of attorney at any time.
You must sign and date the revocation before a notary. You must make a copy of the revocation and deliver it to the businesses, physicians, banks and hospitals who may be relying upon the Power of Attorney you originally executed.
DISCLAIMER
This Legal guide was complied by the DPHHS Aging Services Division Legal Services Developer. This publication is not intended to be a substitute for legal advice. Rather, it is designed to help families become better acquainted with some of the devices used in long term planning and to create an awareness of the need for such planning. Future changes in laws cannot be predicted and statements in this narrative are based solely on those laws in force on the date of publication.
We recommend that you seek legal advice for all your planning needs.