Attorney Approved Version!

Advance medical directives are documents you can write to show doctors and everyone else what sort of treatment you want to receive in the future. These documents are a valuable planning tool because you could find yourself in the unfortunate position of being unable to communicate effectively. Without the document in that case, a court would appoint a guardian to make decisions for you, and you could receive care that you never desired.

A durable power of attorney for health care in Montana allows you to name someone else as a healthcare proxy to make most any decision for you. For example, if there are two procedures that could be performed to improve your condition, and one is riskier but produces a better result, the proxy would decide which treatment to undergo after consulting with doctors.

Signing Requirements – Two (2) witnesses (§ 509103). The principal should also have their signature acknowledged before a notary public if they intend on delegating powers to the agent regarding mental health treatment (§ 53-21-1304(2)(d)).

Laws –§ 53-21-1304

Living Will [(Adobe PDF (.pdf)) (Microsoft Word (.doc)]

If a doctor determines that you have become terminally ill with no chance of recovery, and you cannot communicate, a living will written beforehand can specify whether you want to receive life-support treatments like artificial hydration and mechanical breathing, or whether you’d prefer to die naturally. A living will must be signed by two witnesses in Montana.

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