Medical Power of Attorney in Montana
How to name a health care agent in Montana: signing and witness rules, the official form if the state has one, and how it relates to a living will.
Short answer: 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. Mont. Code Ann. § 50-9-103
| 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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| Health care directive | Under the Montana Rights of the Terminally Ill Act, anyone 18 or older and of sound mind may sign a declaration (living will) about withholding or withdrawing life-sustaining treatment and may name another adult to make those decisions. It must be signed by the declarant (or another at their direction) and witnessed by two people. The statute includes optional forms. The Montana courts' forms page links a separate health care power of attorney form from MSU Extension. Source: 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 |
| Official power of attorney forms | Montana has a statutory form for a financial power of attorney: the "Statutory Form Power of Attorney" in Mont. Code Ann. § 72-31-353 (Uniform Power of Attorney Act). The form covers property and finances only and says it does not authorize the agent to make health care decisions. It ends with a signature and acknowledgment block for a notary. For health care, Mont. Code Ann. § 50-9-103 (Rights of the Terminally Ill Act) provides optional declaration forms to direct withholding or withdrawal of life-sustaining treatment or to name another person to make those decisions; the declaration must be signed by the declarant (or by another person at the declarant's direction) and witnessed by two individuals. Health care declaration: https://mca.legmt.gov/bills/mca/title_0500/chapter_0090/part_0010/section_0030/0500-0090-0010-0030.html |
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FAQ
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.
What are the requirements for a health care directive in Montana?
Under the Montana Rights of the Terminally Ill Act, anyone 18 or older and of sound mind may sign a declaration (living will) about withholding or withdrawing life-sustaining treatment and may name another adult to make those decisions. It must be signed by the declarant (or another at their direction) and witnessed by two people. The statute includes optional forms.
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.
Where can I get a power of attorney form in Montana?
Montana has a statutory form for a financial power of attorney: the "Statutory Form Power of Attorney" in Mont. Code Ann. § 72-31-353 (Uniform Power of Attorney Act). The form covers property and finances only and says it does not authorize the agent to make health care decisions. It ends with a signature and acknowledgment block for a notary. For health care, Mont. Code Ann. § 50-9-103 (Rights of the Terminally Ill Act) provides optional declaration forms to direct withholding or withdrawal of life-sustaining treatment or to name another person to make those decisions; the declaration must be signed by the declarant (or by another person at the declarant's direction) and witnessed by two individuals.
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.