What Happens When You Need to Override a Power of Attorney in Montana?

A Power of Attorney (POA) can be a lifesaver when someone you trust needs to step in and help with financial, legal, or medical decisions. But what if something goes wrong?

What if the person acting on your behalf starts making choices you never would, or worse, abuses their authority? That’s when the question comes up: Who can override a Power of Attorney in Montana?

You’re in Control - As Long As You’re Mentally Competent

If you’re the person who granted the Power of Attorney (also called the “principal”), the good news is that you can override it at any time as long as you’re mentally capable of making that decision.

READ MORE: How To Properly Dispose of an American Flag in Montana

You simply need to revoke the POA in writing, notify your agent (the person you gave authority to), and let any relevant institutions (like banks or doctors) know about the change.

But What If the Principal Can’t Speak for Themselves?

Things get more complicated if the principal becomes mentally incapacitated due to illness, injury, or age-related decline. In that case, the ability to override or challenge a POA often falls to close family members, friends, or caregivers, but not without legal backing. In Montana, they must go through the court system to raise concerns and request that the POA be changed or revoked.

Family Members Can Petition the Court

If someone close to the principal believes the agent is acting inappropriately, maybe mismanaging money, isolating the principal, or making harmful decisions, they can file a petition with the Montana District Court. The court will review the situation and may remove the current agent, especially if there’s clear evidence of abuse, neglect, or exploitation.

Guardianship or Conservatorship Can Override a POA

In cases where the court believes the principal can no longer make sound decisions and that the POA is not protecting their best interests, it can appoint a legal guardian or conservator. This person then has the authority to override the existing POA and take over decision-making responsibilities.

Fun fact: In Montana, the court process for this is governed by the Uniform Probate Code, and these cases are handled under guardianship/conservatorship laws, not criminal court.

Medical vs. Financial POAs: There’s a Difference

It’s also important to note that medical and financial POAs are treated a little differently. A medical provider generally must honor the medical POA unless a court says otherwise. But if a doctor suspects elder abuse, medical neglect, or coercion, they can alert authorities, which could lead to legal intervention.

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Bottom Line: Oversight Exists for a Reason

Montana law takes POA abuse seriously. While a Power of Attorney is designed to simplify life and protect people when they can’t act for themselves, it also comes with built-in legal oversight. If you're worried someone is being taken advantage of, there are steps you can take and protections in place to help.