DPOA

A Durable Power of Attorney (DPOA) for health care is a document authorizing someone you name as your “agent” to make health care decisions for you. This DPOA can also contain instructions or guidelines on medical issues you want your agent to follow.

If you should ever lose your capacity to make and/or communicate decisions because of a temporary or permanent illness or injury, your DPOA allows you to retain some control over important health care decisions by designating a person to make health care decisions for you. Without a DPOA, many health care providers and institutions will make critical decisions for you, not necessarily based on what you would want. In some situations, a court appointed guardian may become necessary unless you have a health care power of attorney.

A Durable Power of Attorney for Health Care is different from a Living Will. A Living Will is a written statement of your wishes regarding the use of medical treatments in end-of-life situations. The statement is to be followed if you are unable to provide instructions at the time the medical decision needs to be made. Living Wills are recognized in Montana. However, they are limited to decisions about “life-sustaining procedures” in the event of “terminal illness” and when your life expectancy is a “short period of time.”  The Durable Power of Attorney for Health Care applies to all medical decisions, unless you decide to include limitations. This power can include specific instructions to your agent about any treatment you want done or want to avoid.

You need to be careful with the use of this DPOA. The power you grant to another person may be broad and sweeping. You want to make certain the person to whom you give the power is trusted and knows your intent. The power will become effective immediately unless you state otherwise.

You should have your signature notarized on your Medical DPOA by a Notary Public. You also need to give a copy of your DPOA to your agent so he/she will have the document when the time comes to make decisions for you.

You may revoke your Power of Attorney at any time. If you develop a “Revocation of the Power of Attorney” form, you must sign and date the revocation. You must make a copy of the revocation and deliver it to the physicians, specialists, and hospitals that may be relying upon the DPOA you originally executed.

A Durable Power of Attorney (DPOA) for finances is a document authorizing someone you name as your “agent” to make financial decisions for you. A power of attorney can also contain instructions or guidelines you want your agent to follow. The statutory durable power of attorney form was created by the Montana legislature. It allows you to decide the powers you want to delegate to your agent and when the authorization to act on your behalf takes effect.

You need to be careful with the use of this DPOA. The power you grant to another person may be broad and sweeping. You want to make certain the person to whom you give the power is trusted and knows your intent. The power will become effective immediately unless you state otherwise.

You need to have your signature notarized on your Financial DPOA by a Notary Public. You also need to give a copy of your DPOA to your agent so he/she will have the document when the time comes to make decisions for you.

You may revoke your Power of Attorney at any time. If you develop a “Revocation of the Power of Attorney” form, you must sign and date the revocation. You must make a copy of the revocation and deliver it to the businesses, banks and financial institutions that may be relying upon the DPOA you originally executed.