Living Wills and Advance Directives in Montana
How to make a valid living will (advance directive) and medical power of attorney in Montana, with the official form.
Short answer: Under the Montana Rights of the Terminally Ill Act, an individual of sound mind and 18 or older may sign a declaration governing the withholding or withdrawal of life-sustaining treatment. Mont. Code Ann. § 50-9-103
| Living will / advance directive | Under the Montana Rights of the Terminally Ill Act, an individual of sound mind and 18 or older may sign a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant (or by another person at the declarant's direction) and witnessed by two individuals. The statute provides an optional 'Declaration' form, and the Montana courts publish an Advance Directive packet. Source: Mont. Code Ann. § 50-9-103 |
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| Medical power of attorney | In the same declaration, a Montana declarant may designate another individual of sound mind and 18 or older to make decisions about withholding or withdrawing life-sustaining treatment. The designation follows the same signing rules: signed by the declarant (or at their direction) and witnessed by two individuals. Health care providers may presume a declaration is valid absent actual notice otherwise. Source: Mont. Code Ann. § 50-9-103 |
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FAQ
How do I make a living will in Montana?
Under the Montana Rights of the Terminally Ill Act, an individual of sound mind and 18 or older may sign a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant (or by another person at the declarant's direction) and witnessed by two individuals. The statute provides an optional 'Declaration' form, and the Montana courts publish an Advance Directive packet.
How do I make a medical power of attorney in Montana?
In the same declaration, a Montana declarant may designate another individual of sound mind and 18 or older to make decisions about withholding or withdrawing life-sustaining treatment. The designation follows the same signing rules: signed by the declarant (or at their direction) and witnessed by two individuals. Health care providers may presume a declaration is valid absent actual notice otherwise.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.