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A Montana living will, also known as an advance directive form, is a document that you use to express your wishes related to medical treatment. A living will is a legal document that explains your wishes related to topics such as life-sustaining treatment, end-of-life care, medical decisions, long-term care, and palliative care. It is most often used if you are incapacitated because of a terminal condition or an incurable injury. A Montana living will is used to instruct healthcare providers if you are no longer able to do so. This document also allows you to name a person who can make those decisions on your behalf. This person is referred to as your health care agent or health care proxy. The person you name must be at least 18 years old. A Montana living will must be signed in front of two witnesses who must also sign the document. However, your named agent is not allowed to be one of your witnesses.
A living will can be placed on file with the Montana end-of-life registry, located at https://app.mt.gov/registry. The purpose of a living will, in addition to giving you the opportunity to make your wishes related to your medical care known, is to make difficult decisions easier on your family members.
A living will is a legal form used in the estate planning process. It is used for advance care planning. However, it is not the same as a power of attorney form, health care power of attorney, or durable power of attorney. It does not affect real estate. If you are interested in using any sort of power of attorney form or something that can assist with real estate and medical decisions, seek legal advice.
§ 50-9-101 through § 50-9-111: The Rights of the Terminally Ill Act provides competent adults with the ability to document their medical care wishes in writing. This document is used by a healthcare proxy and the attending physician when the patient is incapable of making their own decisions.
Additionally, you should create a Montana last will and testament.
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