![Montana Advance Directive Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fadvance-directive-general.png&w=3840&q=75)
The Montana advance directive is defined as a component of advance care planning in which an individual (the principal) specifies their preferences regarding medical care.
This document focuses solely on health care decisions and can include a durable power of attorney for health care (medical power of attorney). In other words, principals can designate an agent to make medical decisions on their behalf when they cannot express their preferences themselves.
Additionally, it can include declarations about life-sustaining treatment, similar to what a living will provides.
Signing Requirements for Montana Advance Health Care Directive
The signing requirements for a healthcare advance directive, including both mental health care advance directive and declarations regarding life-sustaining treatment, are stated in Section 53-21-1304 and Section 50-9-103 of the Montana Code Annotated and are as follows:
Mental Health Care Advance Directive
The advance directive must be in writing.
It must contain clear language indicating the principal's intention to create a directive.
The principal must date and sign the directive. If the principal is unable to sign, it can be signed at their direction and in their presence.
The document must be notarized.
Declaration Relating to Life-Sustaining Treatment
The individual (declarant) must be at least 18 years old and of sound mind.
The declaration must be in writing and can be executed at any time.
It must be signed by the declarant or another individual at the declarant's direction.
The declaration must be witnessed by two individuals who are of sound mind and at least 18 years old.
Montana Advance Health Care Directive Revocation & Changing
Montana advance directive becomes effective when it’s determined that the person who created it is unable to make decisions (otherwise known as being incapacitated), according to Section 53-21-1312. The primary health care provider makes this determination, but, in specific cases, a second provider must also confirm the person’s inability to make their own decisions.
If the person regains the capacity to make their own decisions, the advance directive is no longer effective.
As stated in Section 53-21-1324, a person can revoke their advance directive for health care at any time, either verbally or in writing, unless the directive states it’s not revocable during incapacity or for a specific time. An individual can also revoke an agent’s designation, and this can be done only in writing or by informing the main health care provider.
Additionally, divorce or legal separation automatically revokes a spouse as the agent unless stated otherwise, and a new directive cancels any previous ones unless specified differently.
Additional Legal Considerations for Montana Advance Health Care Directive
Section 53-21-1311 states that advance directive form cannot:
Guarantee specific mental or medical treatments
Require providers to cover treatment costs
Force providers to offer services they don’t usually provide
Require non-health care individuals to provide benefits to the person
Section 53-21-1332 allows the principal to nominate a guardian or conservator in their advance directive. While the principal can nominate a guardian or conservator in their advance directive, the court still has to appoint that person during any guardianship proceedings formally.
The court will usually appoint the nominated person unless there’s good reason not to. However, even if a guardian is appointed, the agent chosen in the advance directive has priority when making health care decisions unless the court specifically states otherwise.
Montana provides an End-of-Life Registry where individuals can securely store their advance health care directives. To file an advance directive, individuals must be at least 18 years old and complete the Consumer Registration Agreement, along with a wallet card and labels from their ID and insurance card.
How to Choose a Health Care Agent in Montana
To choose a Montana health care proxy (agent) you should consider someone who you trust and who understands your values and health care wishes. This can be a family member, a close friend, or a trusted advisor.
Ensure they are willing to accept this responsibility and can handle the emotional challenges that may arise. You should also discuss your preferences with them openly, so they can act effectively and in your best interest.
What Happens if You Don’t Have an Advance Directive in Montana?
If you don't have an advance directive in Montana, your family or close friends won't have a legal document that states your healthcare preferences. Even if they remember your wishes from past conversations, they may not be able to act on them without you communicating and providing consent.
Consequently, your wishes might not be honored, as medical decisions would rely on doctors' advice and the approval of family, friends, or a court-appointed guardian without your formal direction.