Montana Code 72-31-354. Agent’s certification
72-31-354. Agent’s certification. The following optional form may be used by an agent to certify facts concerning a power of attorney.
AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND
AGENT’S AUTHORITY
State of ……………………………….
County of………………………………..
Terms Used In Montana Code 72-31-354
- Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. See Montana Code 72-31-302
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See Montana Code 72-31-302
- Principal: means an individual who grants authority to an agent in a power of attorney. See Montana Code 72-31-302
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 72-31-302
I, …………………………………….. (Name of Agent), certify under penalty of perjury that ………………….(Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ……………………..
I further certify that to my knowledge:
(1)the principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated;
(2)if the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(3)if I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4)………………………………………………………..
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
…………….. …..
Agent‘s Signature Date
…………………………..
Agent’s Name Printed
…………………………..
Agent’s Address
…………………………….
Agent’s Telephone Number
This document was acknowledged before me on………….,
(Date)
by…………………………….
(Name of Agent) …………………………. (Seal, if any)
Signature of Notary
My commission expires: ……………………
This document prepared by:
……………………………………………………..