AffectsAmends Sections 72-3-917, 72-5-501, 72-5-502, 72-31-222, 72-31-223, 72-31-224, 72-31-225, 72-31-226, 72-31-227, 72-31-228, 72-31-229, 72-31-230, 72-31-231, 72-31-232, 72-31-233, 72-31-234, 72-31-235, 72-31-236, and 72-31-238, and repeals Sections 72-31-201 and 72-31-237, of the Montana Code Annotated.
AnalysisMontana adopts the Uniform Power of Attorney Act published by the National Conference of Commissioners on Uniform State Laws. The Act does not require a power of attorney to be acknowledged before a Notary Public, but grants a presumption of genuineness to any power of attorney that is. In line with other states that have adopted the Act, Montana’s enactment permits a power of attorney to be electronically signed, and by inference, electronically notarized. Notaries should take note that the Act also permits a power of attorney to be signed by another person in the principal’s conscious presence if the person is directed to sign by the principal; it does not mention whether this proxy signer may or may not be the person (agent) granted powers of attorney.
Read House Bill 374.