Montana Advance Health Care Directive means a written document voluntarily executed by a declarant in accordance with the requirements of Montana Health Care Law
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Montana Rights of the Terminally Ill Act allows an adult may execute documents: a Living Will Declaration and Health Care Power of Attorney, governing the withholding or withdrawing of life-sustaining treatment |
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Montana State Legislature adopted Montana Rights of the Terminally Ill Act, effective April 8, 2022 (Montana Code Annotated, Title 50, Chapter 9). A declaration signed and witnessed before October 1, 1991, that substantially complies with the new law is still effective. We provide you with the complete Montana Health Care Directive form that consists of two parts: Part one is a "Montana Declaration" also known as a Living Will; Part two is a Health Care Power of attorney that allows you to appoint an attorney in fact to make health related decisions instead of you if you are not capable of making such decisions. You are free to complete either both parts or just one part of this document. 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 becomes operative when:
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. 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. You have to know some important definitions regarding Montana Health Care Directive: "Attending physician" means the physician, selected by or assigned to the patient, who has primary responsibility for the treatment and care of the patient. "Qualified patient" means a patient 18 or more years of age who has written a declaration according to Montana law and who has been determined by the attending physician to be in a terminal condition. "Life-sustaining treatment" means any medical procedure or intervention which, when administered to a qualified patient, will serve only to prolong the dying process. "Terminal condition" means an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within a relatively short time. "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of Montana, to administer health care in the ordinary course of business or practice of a profession. A physician who willfully fails to record the determination of terminal condition or the terms of a declaration is guilty of a misdemeanor. A physician or other health care provider who willfully fails to transfer the care of a patient to another facility which is willing to honor the declaration is also guilty of a misdemeanor. The punishment for either conviction is a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed one year. 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:
If there is anything about this Montana Advance Health Care Directive that you do not understand, you should ask a lawyer to explain it to you. 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. |
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