How to Notarize a Power of Attorney in Montana

You have the power of attorney document drafted, your parent is willing to sign, and you are ready to make it official. But where exactly do you go to get it notarized in a state where the nearest bank might be a 90-minute drive?

Under Montana Code Annotated § 72-31-305, a financial power of attorney signature is presumed genuine when acknowledged before a notary public. While the statute technically does not mandate notarization, it is the practical standard every bank, brokerage, and county clerk's office will expect — and it is absolutely required if the power of attorney will be used to convey real property through the county clerk and recorder.

What Notarization Requires in Montana

Montana notarization is straightforward, but the details matter:

The principal must appear in person. The parent signing the power of attorney must be physically present before the notary. The notary verifies the signer's identity through a government-issued photo ID (driver's license, passport, or state ID card) and confirms that the person is signing voluntarily and appears to understand the document.

The notary does not verify the content. A notary's job is to authenticate the signature, not to review the legal substance of the document. The notary is certifying "this person signed this document in front of me," not "this document is legally sound."

Cost is minimal. Montana law caps notary fees at $5 per signature acknowledgment. Many banks, credit unions, and UPS Store locations offer notary services for free to account holders.

Notarization vs. Witness Requirements

Montana treats financial and healthcare documents differently:

Financial power of attorney: Notarization is the standard. No witnesses are required by statute.

Healthcare power of attorney: Must be notarized to be valid. No witnesses required.

Living will (Declaration of Living Will): Requires the signatures of two independent witnesses under the Montana Rights of the Terminally Ill Act (§ 50-9-103). The witnesses cannot be the appointed healthcare agent, a relative by blood or marriage, or anyone who would benefit from the principal's estate. Notarization is recommended in addition to witnesses but is not a statutory replacement for them.

This distinction trips up families who assume one signing ceremony covers everything. If your parent is executing both a power of attorney and a living will, you need a notary plus two qualifying witnesses at the same appointment.

Where to Get Documents Notarized in Montana

Banks and credit unions. Most branches in Billings, Missoula, Great Falls, Bozeman, Helena, and Kalispell have a notary on staff. Call ahead — not every branch has one available every day.

UPS Store and FedEx Office locations. Available in larger towns. Expect to pay a small fee if you are not a regular customer.

Attorney offices. If you used an attorney to draft the document, they typically handle notarization as part of the service.

County clerk and recorder offices. Some county offices provide notary services, especially useful in rural counties where other options are limited.

Mobile notaries. For parents who are homebound, hospitalized, or living in assisted care facilities, mobile notaries will travel to the signing location. Expect to pay a travel fee of $25 to $75 on top of the standard notary charge, depending on distance.

Hospital and care facility notaries. Some larger Montana healthcare facilities — Billings Clinic, Logan Health, St. Peter's Health — have notaries on staff or can arrange mobile notary visits for patients. Ask the social work department.

Rural Montana Challenges

In counties like Garfield, Prairie, Petroleum, or Carter — where the county seat may be the only town with any professional services — finding a notary can require planning. Options:

• Call the county courthouse. Many rural courthouses have staff who are commissioned notaries.
• Contact the local postmaster. In very small communities, the postmaster sometimes holds a notary commission.
• Use a mobile notary from the nearest larger town and schedule a visit when they are already traveling in the area.

The Agent Certification Form

After the power of attorney is notarized, the named agent may need to present an "Agent Certification" or "Agent's Certification of Validity" when using the document at financial institutions. This is a separate notarized statement where the agent swears under penalty of perjury that the power of attorney is still in effect, has not been revoked, and that the agent's authority has not been terminated.

Montana's Uniform Power of Attorney Act requires financial institutions to accept a properly notarized power of attorney unless they have actual knowledge that it has been revoked or the agent's authority has been terminated. If a bank still refuses, the institution can be held liable for attorney's fees and damages under Montana law.

The Montana Power of Attorney & Guardianship Kit includes a signing day checklist, agent certification template, and bank acceptance guide — everything you need to get your documents executed and honored on the first attempt.

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