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Montana Living Wills Laws
More Information on Living Wills
| Code Section | 50-9-101 et seq. Rights of the Terminally Ill Act |
| Specific Powers, Life-Prolonging Acts | Withholding or withdrawal of life-sustaining treatment, defined as any medical procedure or intervention that will serve only to prolong the dying process. Qualified patient may designate another individual to make decisions governing withholding or withdrawal of life-sustaining treatment. Life-sustaining procedures may not be withdrawn when qualified patient is known to be pregnant and when it is likely fetus will result in live birth |
| Legal Requirements for Valid Living Will | (1) 18 years or more and of sound mind; (2) signed by declarant or another at declarant's direction; (3) witnessed by 2 individuals; (4) communicated to physician and made part of patient's medical record; (5) declared to be terminal and no longer able to make decisions regarding life-sustaining treatment; (6) absent contrary actual notice, physician or health care provider may presume that declaration is valid (sample form §50-9-103) |
| Revocation of Living Will | Revocable at any time in any manner without regard to physical or mental condition. Effective upon communication to attending physician or health care provider. Health care provider or emergency medical services personnel in receipt of such communication shall act upon revocation an communicate it to attending physician at earliest opportunity. Revocation shall become part of declarant's medical record |
| Validity from State-to-State | Declaration made in another state in compliance with that state's laws executed in a substantially similar manner to laws of Montana is effective |
| If Physician Unwilling to Follow Durable Power of Attorney | Attending physician or health care provider who is unable or unwilling to comply shall take all reasonable steps as promptly as practicable to transfer to another who is willing |
| Immunity for Attending Physician | Attending physician or health care provider not subject to civil or criminal liability or guilty of unprofessional conduct as long as acting in accordance with reasonable medical standards and in good faith |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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