A Montana durable power of attorney for health care lets you choose an agent to step in and make important decisions about your healthcare medical treatments if you become incapacitated.
The person you pick to be your agent can only make medical decisions for you after your doctor finds you can’t responsibly communicate your wishes.
In Montana, a durable power of attorney for health care is also called a:
- Montana Medical Power of Attorney
- Montana Health Care Power of Attorney
Laws: Title 50, Chapter 9, Part 1 of the Montana Code (MT Code §50-9-101 to §50-9-111) govern durable powers of attorney for health care in Montana.
If you’re creating a power of attorney for health care, consider including the following documents in your planning process:
- Living Will: A living will is a type of advance directive that lets you document your wishes for care and treatment at the end of life.
- Montana (Financial) Power of Attorney: A financial power of attorney allows your agent to make decisions regarding your finances and property to the extent you allow.
How to Fill in a Durable Power of Attorney for Health Care in Montana
Follow these guidelines to complete your health care power of attorney according to MT Code §50-9-101 to §50-9-111:
Step 1: Choose an agent
Your agent, also called your health care representative, is the person responsible for your medical decisions if you become incapacitated.
Who should you choose as an agent?
You should choose someone you trust to follow your wishes, as they will be making important medical decisions for you. Your agent must be at least 18 years old and of sound mind.
Relevant law: Montana Code 50-9-103
Who can’t be your agent?
In Montana, the only requirement is that your agent can’t be under 18 years old, but it’s best if your agent doesn’t have a potential conflict of interest, like someone involved in your health care or someone who will inherit from you after your death.
Relevant law: Montana Code 50-9-103
Can you have more than one agent?
You can choose one or more back-up agents to step in if your primary agent isn’t available. List these alternates in the order you’d like them contacted in your form.
Relevant law: Montana Code 50-9-103
Step 2: Specify what healthcare decisions your agent can make
As you create your durable power of attorney for health care, think about what decisions you do and don’t want your agent to make on your behalf in an emergency.
Can you limit your agent’s powers?
Yes, you can leave two types of instructions to limit your agent’s powers:
- Decisions you don’t want your agent to have authority over
- Specific instructions for how you do or don’t want to receive treatment
Relevant law: Montana Code 50-9-103
What is your agent legally unable to do?
Your agent can’t consent to anything illegal, make any decisions that go against your wishes, or do anything that’s not in your best interest.
Relevant law: Montana Code 50-9-106
When can your agent start making decisions for you?
Your agent is not allowed to start making decisions for you until a physician has determined that you’re incapacitated.
Relevant law: Montana Code 50-9-106
Step 3: Sign the form
Sign your health care power of attorney form according to the following MT requirements:
Do you need witness or notary signatures?
Montana law requires you to sign your durable power of attorney for health care in the presence of two witnesses.
Relevant law: Montana Code 50-9-106
Who can’t be a witness?
You can choose any trustworthy adult to be your witness, but it’s best if they don’t have a potential conflict of interest. Whoever you choose should be able to confirm you’re signing the form willingly.
Relevant law: Montana Code 50-9-106
How long is your Montana durable power of attorney for health care effective?
Your durable power of attorney will be in effect until you revoke it, or until your death.
Relevant law: Montana Code 50-9-103
How to Revoke a Montana Durable Power of Attorney for Health Care
Montana allows you to revoke your durable power of attorney for health care at any time, regardless of your mental or physical condition.
You can revoke the document in any way you choose, but it’s best to revoke a power of attorney in writing.
You or a witness to the revocation must notify your doctor, nurse, or other health care provider for the revocation to become final.
Relevant law: Montana Code 50-9-104