How to Notarize an Affidavit in Montana for Kinship Caregivers

You have the affidavit text ready. Now you need a notary to make it legal. Both of Montana's caretaker relative affidavits — the educational authorization (MCA 20-5-503) and the medical authorization (MCA 40-6-502) — require the relative's signature under oath before a notary public. Montana permits this in person or through an authorized remote notarization. A Montana notary performing a remote notarization must be physically located in Montana. Here's how that works in practice.

Where to Find a Notary

Most Montana banks and credit unions offer free notary services for account holders. Call ahead to confirm a notary is available during your planned visit. Beyond banks, notary services are commonly available at:

• Participating UPS Store locations (call ahead to confirm in-person service)
• FedEx Office Online Notary (remote service; starts at $25 per document)
• County courthouse clerk offices
• Real estate and insurance agencies
• Some public libraries and county extension offices
• AAA offices for members

Montana law caps a notary's fee at $10 per notarial act. Additional fees for travel or electronic notarization may be charged if disclosed and agreed to in advance.

In rural Montana, where the nearest bank branch or UPS Store may be a long drive, the county courthouse is often the most reliable option. Many courthouses have a notary on staff during regular business hours.

What to Bring

The notary needs to verify your identity before witnessing your signature. Bring a current, government-issued photo ID — a Montana driver's license, state ID card, U.S. passport, or tribal ID card.

Bring the completed affidavit with all fields filled in except your signature. Do not sign the document before you arrive — the entire point of notarization is that the notary watches you sign.

The Signing Process

The notary will ask you to confirm your identity, present your ID, and sign the affidavit while physically present or appearing through an authorized live audio-video session. They will administer an oath — you'll swear or affirm that the statements in the affidavit are true and correct. Then the notary applies their stamp and records the transaction in their journal. Remote notarizations must also be electronically recorded.

Both MCA 20-5-503 and MCA 40-6-502 include mandatory warning language about criminal penalties for false swearing. The warning must appear in the statutory form in capital letters; the statutes do not require bold type. The notary is not checking the legal accuracy of your document — they are only verifying your identity and witnessing your signature under oath.

The Parent Does Not Sign

One of the most common points of confusion: the parent does not sign caretaker relative affidavits. Only the caretaker relative signs, under oath, before the notary. Both affidavits require a parent to have left the child with no definite return time, full-time residence with the relative, and no adequate provision for the relevant care. For school enrollment under MCA 20-5-502, the relative must also be unable to contact either parent or the parent they can contact must be unable or unwilling to regain custody. The medical affidavit requires the relative to be unable to contact the parent or the parent to refuse a written request to regain custody.

A minor power of attorney under MCA 72-5-103 is different — that one requires a parent's or guardian's signature. If a parent or guardian is available and cooperative, the POA may be the better instrument, and the person delegating authority would need their own notary appointment.

After Notarization

Make several copies of the notarized original. Deliver copies to every school, clinic, dental office, and pharmacy that needs one. Keep the original in a safe place — a fireproof folder or safe is ideal since you'll need it for reference when re-executing the document at expiration.

Record the date of signing, because that date starts the clock on expiration. The medical affidavit expires six months from your signature date. The educational affidavit runs through the end of the first school year after delivery to the school.

Our Montana School & Medical Consent guide includes pre-formatted templates with the mandatory statutory language already printed, plus a document delivery log to track where you've sent copies.

See more Montana guides →