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Montana Minor (Child) Power of Attorney Form

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Montana Parental Power of Attorney allows a parent to appoint someone to take care of their child and make decisions on their child’s behalf in the event they are going to be away or unavailable to make decisions themselves. This is useful in the event that a parent is going to be deployed or requires hospitalization for a period of time or otherwise is unavailable and wants to allow a relative to take care of their children and be able to make decisions and receive information involving the child’s health and education.

The limitation for this document is six (6) months although does not apply to those in the National Guard or Military.

Laws – 

How to Write

1 – Open The Form Needed To Grant Guardian Powers To A Specific Agent

Locate the form’s preview image on this page, then using one of the three buttons on this page, open or download this paperwork.

2 – Introduce the Parent or Court Appointed Guardian Acting As The Principal

The Parent or Court Appointed Guardian of the Minor or Child is the only entity that may grant Authority over the concerned Minor’s body and property. Enter the Name of the Principal Guardian on the blank line labeled “Your Name.”     Next, input the Physical Address where the Principal Parent or Court Appointed Guardian maintains his or her Residence on the blank line labeled “Your Complete Address.”

3 – Document The Guardian Attorney-in-Fact’s Identity And location

Next, on the blank space labeled “The Name Of The Person Whom You Want To Care For Your Child,” enter the Full Name of the individual to be named the Legal Guardian of the child through this form. The Address where the intended Guardian lives should be input onto the blank space labeled “Complete Address Of The Person Whom You Want TO Care For Your Child.”The Telephone Number where the Attorney-in-Fact/Guardian can be reliably contacted should be supplied on the blank space between the words “…Whose Phone Number Is” and “As My Agent…”

4 – Record The Name And Age Of The Concerned Child (Minor)

The Child or Minor who will be appointed a (new) Guardian through the Attorney-in-Fact Guardian Powers granted in this form must be named. Enter the Full Name of this Child on the blank space after the words “…Care, Custody, Or Property Of My Minor Child” Enter the Age of the concerned Child on the blank space between the word “…age” and phrase “with respect to the following…”

5 – The Principal Must Initial All The Areas The Guardian Will Have Principal Power In

The Child or Minor at the focus of this document may have Property. Typically, a Child or Minor will need an Adult Guardian to take care of such Property. The list below the word “Initial” will be composed of various Subject and Areas of Power where an Adult Guardian would be needed to assume the Principal Power of a Guardian Attorney-in-Fact. The Principal Parent or current Appointed Guardian must initial each Subject of Authority the Guardian Attorney-in-Fact should be able to wield Principal Power in. Any item here that is not initialed by the Principal will be withheld from the Principal Powers of Guardian Authority the Guardian Attorney-in-Fact can wield.If the Guardian Attorney-in-Fact should have the Principal Authority to make “Real Property And Housing Transactions” the Principal Parent (or current Guardian) must initial the blank line corresponding to the list item labeled “A.” If this item is not initialed, the Guardian Attorney-in-Fact will not be able to wield Principal Authority in any matters relating to “Real Property And Housing Transactions.”If the Principal initials Item B, the Guardian Attorney-in-Fact will be granted the Principal Authority to make decisions and take actions in “Tangible Personal Property Transactions”Item C will empower the Guardian Attorney-in-Fact with the Principal Power to act on behalf of the Principal in matters of “Stock And Bond Transactions” once the Principal initials the blank space provided.The Principal should initial Item D to give the Guardian Attorney-in-Fact the Principal Power to engage in Principal “Commodity And Option Transactions.”The “Banking And Other Financial Institution Transactions” of the Principal may be made by the Guardian Attorney-in-Fact if the Parent/Current Guardian initials Item E.If the Guardian Attorney-in-Fact should have the Principal Power to handle “Health Care Consent For The Child And Other Health Care Transactions” the Parent/Current Guardian will need to initial Item G.The Principal’s “Estate, Trust, And Other Beneficiary Transactions” may be conducted by the Guardian Attorney-in-Fact once, the Principal initials Item H.If the Principal initials Item I, the Guardian Attorney-in-Fact will have the Principal Authority to conduct affairs with Principal Authority regarding “Claims And Litigation.”Item J will enable the Guardian Attorney-in-Fact to use Principal Authority in affecting “Personal And Family Maintenance, Including Decisions Of Where The Child Resides,” if it is initialed by the Principal.Principal Actions may be taken by the Guardian Attorney-in-Fact regarding “Benefits Form Social Security, Medicare, Medicaid, Or Other Governmental Programs Or From Military Service” when the Principal initials Item K.If the Guardian Attorney-in-Fact may engage in “All Transactions Concerning The Child’s School Or Education” with Principal Power, the Principal will need to initial Item L.The Principal will grant Principal Authority regarding “Tax Matters” to the Guardian Attorney-in-Fact when the Principal initials the blank space corresponding to Item M.If the Guardian Attorney-in-Fact should be assigned all the Principal Powers in this list, the Principal should only initial Item N. This act will provide the Principal Approval necessary to grant the Guardian Attorney-in-Fact Principal Authority in all the matters labeled A through M.

6 – Specific Principal Instructions Should Be Reported In This Document

The Principal can provide additional instructions regarding the Powers given to the Guardian Attorney-in-Fact in the “Special Instructions” section. If the Principal wishes to include any additional provisions, extensions, or limitations that should be applied to the Powers granted they should be documented accurately on the blank lines provided in “Special Instructions.” This should be an all-inclusive description of the Principal’s expectations.

Now, locate the statement “This Power Of Attorney Revokes All Previous Powers Of Attorney Signed By Me.” If a previously issued Power of Attorney should remain in effect, the Principal should cross out this statement. In addition, the Principal intent to keep a previously issued Power active should be stated clearly in the “Special Instructions” section above.

7 – To Execute This Form The Parent or Current Guardian Must Sign His Or Her Name

On the day the Principal signs this form, he or she must enter the current Date in the statement beginning with the phrase “Signed This”The Principal should sign the blank line provided below the Signature Date statement. After the Signature, the Principal should Print his or her Name on the blank space labeled “Printed Name.”A Notary Public must notarize the Principal Act of Signing this form using the last section in this form.



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