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Declaration of Living Will Form - Montana
The Montana Declaration of Living Will - sometimes confused with an Advance Directive - is a crucial part of a patient's medical records, which all too often do not indicate the appropriate palliative care measures the patient desires. Most people do not have adequate paperwork when illness strikes. In the absence of a legal will, all decisions about medical care become the responsibility of the spouse, the children, and other family members - or even a third party. These people may not be aware of the patient's wishes, or they may not choose to follow the patient's unwritten verbal directives.
The Montana Living Will is defined by § 50-9-102 and regulated by Title 50 (Health and Safety) Chapter 9 (Rights of the Terminally Ill Act) . The document must be signed by two (2) credible witnesses. The form was released by the Montana Department of Public Health and Human Services and is available for download below.
What Is a Montana Living Will?
A Living Will is a legal document that specifies the type of medical care that an individual does or does not want in the event if they are unable to communicate their wishes. Living Wills come into play only when one faces a life-threatening condition and is unable to assert their specific desires regarding treatment.
In the case when an individual suffering from a terminal illness or with a life-threatening injury falls unconscious, hospitals and doctors must refer to their will to determine whether or not the patient wanted life-sustaining treatment, such as tube feeding or assisted breathing.
An individual can print a will to pre-organize their health care in the future situation, to prevent major arguments between family members, to control any necessary medical treatments and procedures and to reduce potential extra medical bills.
How to Make a Living Will in Montana?
Difficult health-related situations can occur to any person at any age, so it is a good idea for all adults to have a will. Usually, a basic ready-made Living Will template should address most of the medical procedures common in life-threatening situations, such as resuscitation via electric shock, ventilation, and dialysis. An individual can choose to allow some of these procedures or none of them. They may also indicate whether they wish to donate organs and tissues after death. Even if a person refuses life-sustaining care, they can express the desire to receive pain medication throughout final hours including the related provisions in their Living Will.
When completing a will an individual may appoint an agent - or a health care proxy - to make decisions on their behalf in the event of incapacitation. No notarization is required unless otherwise specifically requested by the proxy.
