MT: Health Care Directive

State

Montana

Health Care Document

Montana has a Medical Power of Attorney that also includes a Living Will.

Also Known As

Advance Directive

What It does

The Medical Power of Attorney lets you designate a person to handle your health care decision making in the event you cannot make those decisions for yourself.

The Living Will comes into effect only if you are in a state where there is no realistic chance that you will be healed or treated. In this case, it allows for your designated person to terminate your life if you are in a vegetative or incapacitated state.

Signing

Requires your signature plus the signature of two (2) witnesses

Witnesses rules vary by state; however, witnesses are generally at least 18 years of age and cannot be the person that you are selecting to represent you. Witnesses also cannot be the notary, any relative by blood, adoption, or marriage, or a third party who intends to interact with the person you are selecting (e.g., medical doctor, banking professional, etc.).  Witnesses must have mental competency and cannot be someone who will benefit.  Check with your state for specifics.

Additionally, even if your state does not require your documents to be notarized, it is good practice to do it.

Recording

Not Required to be filed with any probate court.

However, always keep your documents in a safe place. And, you may want to give a copy of your documents to the person(s) you have designated to act on your behalf.

Donation

Make A Donation today, so that we can continue to help other people understand probate and how to avoid it.