Montana · MCA 72-31-305–325Montana power of attorney at closing: signing and the duty to accept

Under Montana's Uniform Power of Attorney Act, a power of attorney is signed by the principal, or in the principal's conscious presence by someone the principal directs; a signature acknowledged before a notary public or other authorized person is presumed genuine (MCA 72-31-305). A photocopy or electronically transmitted copy has the same effect as the original unless another statute provides otherwise (MCA 72-31-306(4)). A person that in good faith accepts an acknowledged power of attorney without actual knowledge of a problem may rely on it, and may request an agent's certification under penalty of perjury, an English translation, or an opinion of counsel with a written reason; a translation or opinion is at the principal's expense unless requested more than 7 business days after presentation (MCA 72-31-324). The person must accept the power, or make one of those requests, within 7 business days after presentation, and accept within 5 business days after receiving what it asked for, without requiring a different form – unless an exception applies, such as a good-faith belief that the power isn't valid or the agent lacks authority (MCA 72-31-325(1)–(2)). A wrongful refusal can bring a court order to accept and liability for reasonable attorney fees and costs (MCA 72-31-325(3)).