Frequently Asked Questions - Powers of Attorney

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A Power of Attorney is a legal document that grants authority to an appointed person, known as the agent or attorney-in-fact, to act on behalf of another person, known as the principal, in making legal, financial, or healthcare decisions.  Attorney Paul Moses has prepared countless powers of attorney for clients over the years. He would be happy to discuss your case and your questions.  Call us at 406.630.3032.

Montana recognizes several types of powers of attorney, including a durable power of attorney, a limited power of attorney, and a healthcare power of attorney. 

A durable power of attorney remains in effect even if you become incapacitated or mentally incompetent. It ensures that your agent's authority to act on your behalf continues despite your inability to make decisions.

A Healthcare Power of Attorney ("HPA") tells your family and your doctors what your treatment wishes are in case you can’t.

• What if you remain unconscious after a car accident?
• What if you’re in a coma because of a bad fall or a severe allergic reaction? 
• What if you can’t communicate because of a stroke or Alzheimer’s?

Your doctors simply can’t know what medical decisions you’d make.

• Do you want to be on life support indefinitely?
• Do you want doctors to save you or a “do not resuscitate” (DNR) approach instead?
• Who decides if your organs get donated?  You or someone else?

An HPA protects you, takes the pressure off your family, and keeps your doctors from guessing.  

If you don’t have a HPA, strongly consider getting one from me or from your family’s attorney today.  There is no more important estate planning document in Montana in my view.

Yes, you can revoke or terminate your power of attorney at any time, as long as you are mentally competent. 

No, a power of attorney ceases to be valid upon your death. After your death, your agent's authority to act on your behalf terminates.

Yes, you can appoint multiple healthcare agents in Montana.

Yes, in Montana, you can revoke or modify your healthcare power of attorney at any time, as long as you are of sound mind. 

No, a healthcare power of attorney does not override your own decisions while you are still capable of making decisions. It only becomes effective when you are unable to make decisions for yourself. 

Yes, and you can do your own brain surgery, too.  In either instance, the results will be the same:  bloody, irreversible, and much more expensive than you thought it'd be by doing it yourself.  The issue is that a general power of attorney form may not be accepted in Montana or by your doctor. So although you are not required to have an attorney, it is highly recommended to seek experienced legal representation if you have questions about or are interested in issues related to powers of attorney in Montana.