According to Montana Code, an adult may prepare a written statement known as an Advance Directive to control the health care treatment decisions that can be made on that person behalf
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You are free to complete either or both of a Health Care Power of Attorney and Living Will Declaration. Health care power of attorney appoints an agents to make health care decisions for a principal. |
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You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.
You have the right to give instructions about your own health care. You also have the right to name someone else to make health care decisions for you. This form lets you do either or both of these things. It also lets you express your wishes regarding donation of organs and the designation of your supervising health care provider. We provide you with the complete Montana Health Care Directive form that consists of two parts:
The purpose of the law is to allow an individual who is of sound mind and who is 18 or more years of age to make a DECLARATION (Living Will) that governs the withholding or withdrawing of life-sustaining treatment when he or she is in a terminal condition. Your Living Will Declaration becomes operative when:
By signing a Health Care Power of Attorney part of the Montana Health Care Directive the Declarant may designate another individual of sound mind and 18 years of age or older to make decisions governing the withholding or withdrawal of life-sustaining treatment. In this part of your Health Care Directive you essentially state who you want to decide whether the life support devises shall be withdrawn if you should have an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of your attending physician or attending advanced practice registered nurse, cause your death within a relatively short time and you are unable to make decisions regarding your medical treatment. You may also appoint two alternate Agents in case your primary Agent (attorney in fact) is unable or unwilling to perform. Unless the form you sign limits the authority of your Agent, your Agent may make all health care decisions for you. An Agent must act in accordance with the terms, directives, conditions, or limitations stated in the medical durable power of attorney, and in conformance with the principal's wishes that are known to the Agent. Two witnesses Your Health Care Directive must be signed and dated by you in presence of two independent witnesses. Revocation A Declarant may revoke a declaration at any time and in any manner, without regard to mental or physical condition. A revocation is effective upon its communication to the attending physician, attending advanced practice registered nurse, or other health care provider by the Declarant or a witness to the revocation. A health care provider or emergency medical services personnel witnessing a revocation shall act upon the revocation and shall communicate the revocation to the attending physician or attending advanced practice registered nurse at the earliest opportunity. A revocation communicated to a person other than the attending physician, attending advanced practice registered nurse, emergency medical services personnel, or health care provider is not effective unless the attending physician or attending advanced practice registered nurse is informed of it before the qualified patient is in need of life-sustaining treatment. The attending physician, attending advanced practice registered nurse, or other health care provider shall make the revocation a part of the Declarant 's medical record. If you do not have a Living Will: If you don't have a living will, Montana law states that the authority to consent or to withhold consent regarding administration of life-sustaining treatment may be exercised by the following individuals, in order of priority:
You should talk with your family, your health-care professional, and any agent or attorney-in-fact that you appoint about your health care decision to make one or more advance directives. If they know what health care you want, they will find it easier to follow your wishes. If you cancel or change the Montana Advance Health Care Directive in the future, remember to tell these same people about the change or cancellation. Do not sign this document unless you clearly understand it. It is suggested that you keep the original of the Montana Advance Health Care Directive on file with your physician and family members. If there is something you do not understand about Montana Advance Health Care Directive you should consult an attorney. |
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