Montana Living Will Requirements
Based on MCA §50-9-101 et seq. (Montana Rights of the Terminally Ill Act)
Quick Summary
- Document type: Declaration Relating to Use of Life-Sustaining Treatment
- 2 witnesses required
- Notarization not required
Witness Requirements
Montana requires 2 witnesses who are present when you sign your declaration relating to use of life-sustaining treatment. Witnesses have the following restrictions:
Witness restrictions:
- Montana statute does not specify detailed witness disqualification criteria in the Rights of the Terminally Ill Act
- It is recommended that witnesses not be related to the declarant by blood, marriage, or adoption to avoid questions regarding impartiality
- It is recommended that witnesses not be entitled to any portion of the declarant's estate
- It is recommended that witnesses not be the declarant's health care provider or an employee of the declarant's health care provider
- Friends, acquaintances, and business associates may serve as witnesses
When Your Living Will Takes Effect
Your Montana living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician or attending advanced practice registered nurse, result in death within a relatively short time.
Persistent Vegetative State
A persistent vegetative state is an irreversible condition in which the patient is permanently unconscious with no awareness of self or environment and no reasonable prospect of recovery, as determined by the attending physician or attending advanced practice registered nurse.
Irreversible Condition
An irreversible condition is a condition that cannot be reversed or cured, in which the administration of life-sustaining treatment serves only to prolong the process of dying.
Important Notes for Montana
- Montana follows the Rights of the Terminally Ill Act (MCA Title 50, Chapter 9, §50-9-101 et seq.)
- The declarant must be of sound mind and at least 18 years of age
- The declaration must be signed by the declarant (or another person at the declarant's direction) and witnessed by two individuals
- Notarization is optional and not required for validity
- 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
- "Life-sustaining treatment" means any medical procedure or intervention that, when administered to a qualified patient, serves only to prolong the dying process
- A declaration may be revoked at any time by the declarant without regard to mental state or competency
- Montana maintains an End-of-Life Registry through the Department of Justice
- Montana also recognizes advance directives and health care powers of attorney under separate statutory provisions
- The statutory form directs: "If I should have an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician or attending advanced practice registered nurse, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician or attending advanced practice registered nurse, pursuant to the Montana Rights of the Terminally Ill Act, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary to my comfort or to alleviate pain"
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.