The Montana Advance Directive secures one’s preferences regarding health care decisions in case of future impairment due to medical complications. Declarants may record their own wishes concerning life-sustaining treatments as well as assign another individual the ability to make judgment calls on their behalf. This is effectuated by providing the identity of the health care representative, a list of directions regarding the desired protocol, and the signatures of the principal and two (2) witnesses. After completion, individuals may register this document into the state’s online database to ensure their wishes are followed (scroll down to the “How to File” section for more information).

This document contains:

Living Will
Medical Power of Attorney

Visit the Donate Life Montana Website for details on how to become an organ/tissue donor.

Laws

Statutes – Title 50, Chapter 9, Part 1: Montana Rights of the Terminally Ill Act

Definition – “Declaration” means a document executed in accordance with the requirements of Section 103 (§ 50-9-102(5)).

Statutory Forms – Living Will (50-9-103(2)), Medical POA (50-9-103(3))

Signing Requirements – Acknowledgment of Two (2) Witnesses (§ 50-9-103(1))

Revocation – Revocation of Declaration (§ 50-9-104), Health Care Power of Attorney Not Revoked Until Notice (§ 72-5-502)

Other Versions (7)

AARP
Everplans
Five Wishes (Aging with Dignity)
Montana State University
Prepare for Your Care
Spanish/Español Version
St. Peter’s Health

AARP Version

Download: Adobe PDF
Instructions: Adobe PDF

Everplans Version

Download: Adobe PDF

Five Wishes (Aging with Dignity) Version

Download: Adobe PDF
Information: Adobe PDF

Montana State University Version

Download: Adobe PDF

Prepare for Your Care Version

Download: Adobe PDF
In Spanish: Adobe PDF

Spanish/Español Version

Download: Adobe PDF

St. Peter’s Health Version

Download: Adobe PDF

How to File

The Office of Consumer Protection maintains an End-of-Life Registry (pursuant to § 50-9-501) that can be accessed online so that residents of the state can file their advance directives into a local database. The agency provides the following two (2) documents:

Consumer Registration Agreement – A form submitted by individuals who have completed an advance directive so that its contents can be archived.
Health Care Provider Registration Agreement – Medical professionals wishing to view patients’ advance directives must execute a copy of this form to gain access to the registry.