Montana Medical Power of Attorney Form [PDF]

The Montana medical power of attorney, or healthcare power of attorney, is a legal document that allows one person, called the agent or the attorney-in-fact, to act on behalf of another person, called the principal, and make decisions about their healthcare.

The principal should use the medical power of attorney when it is possible that they might not be able to represent themselves in the near future. This can happen when the principal is facing serious surgery or is diagnosed with a terminal illness.

However, many parties choose to issue a medical power of attorney even without immediate necessity.

Laws and Legal Requirements for a Medical Power of Attorney in Montana

Laws and Legal Requirements

Title 50, Chapter 9, Part 1 of the Montana Code, also called the Rights of the Terminally Ill Act, regulates the status of medical power of attorney in Montana.

Section 50-9-103 provides the signing requirements for the Montana medical power of attorney. It provides that the principal must sign the document before at least two witnesses.

Section 50-9-104 provides that the principal can revoke the medical power of attorney at any time, regardless of their physical or mental state.

How to Write a Medical Power of Attorney in Montana

To make a valid and effective medical power of attorney, your document must be in accordance with Montana state laws and regulations.

The following section provides a step-by-step guide on how to draft a valid Montana medical power of attorney.

How to Write a Medical Power of Attorney

#1. Access the Medical Power of Attorney Form

Here, you can find the Montana medical power of attorney template. All you have to do is fill it out according to the instructions provided by our advanced legal document builder.

Here, you will provide all the relevant information about the principal and agent and outline all your preferences about your healthcare and medical treatment.

First, you should enter the full name, mailing address, and contact information of the principal.

#2. Appoint a Healthcare Representative

This is your agent or attorney-in-law. In this section, you will appoint them to be your healthcare agent by filling out their full name, mailing address, and contact details in the form. The agent should be an adult with the legal capacity to act.

Moreover, you should appoint someone you can trust, considering the nature and importance of their authority. That can be your spouse, a blood relative, a friend, or another trusted advisor.

Here, you can also include all the medical power of attorney rights and limitations and outline the scope of your agent’s authority.

#3. Identify an Alternative Healthcare Representative

This person should fulfill the same requirements (age, legal capacity, and trustworthiness) as the primary agent. The alternative healthcare representative, or the secondary agent, will act only in situations where the primary healthcare representative is not able to act.

That can happen if the primary agent loses legal capacity, passes away, or is physically unable to appear at the location where they are supposed to represent the principal.

#4. Identify the Witnesses and Have Them Sign the Form

Once you have completed your medical power of attorney form, you should print and sign it. The state law requires the presence of at least two witnesses when signing the document. Witnesses should be adults with the legal capacity to act.

#5. Notarize the Form

Finally, you should have the notary public acknowledge your signature. Although this is not required by state law, this step will provide additional security for all the parties involved and prevent potential misunderstandings and fraud.

The notary public will confirm the principal's identity and acknowledge that they have personally signed the document.