Document end-of-life preferences in Montana: Montana Living Will
What is a Montana Living Will?
A Montana Living Will is a legal document that outlines your preferences regarding medical care, such as your refusal of or request for a medical treatment, in addition to the (optional) appointment of a chosen healthcare agent.
The individual making a Living Will is called the "principal," while the individuals or entities obtaining authority to carry out the principal's wishes are known as "agents." Suited for residents of Montana, this free Living Will can be used in Gallatin County, Yellowstone County, Missoula County, and in every other region in the state. Any Montana Living Will form from Rocket Lawyer can be customized for your specific circumstances. As a result of having this essential legal document, your healthcare facilities will have a point of reference for your preferences, and your agent(s) will be able to offer confirmation that they have been given the authority to act in your interest when you are not able.
When to use a Montana Living Will:
- You want to specify your wishes so that it is more likely they will be carried out.
- You are facing the possibility of surgery or a hospitalization.
- You have declining health.
- You have been diagnosed with a terminal condition.
How do I get my Montana Living Will reviewed?
If you already have a Montana Living Will and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
Montana Living Will FAQs
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How do I write a Living Will in Montana?
It is simple and easy to record your medical preferences with a free Montana Living Will template from Rocket Lawyer:
- Make your Living Will - Answer a few basic questions, and we will do the rest
- Send and share it - Review it with your healthcare agent(s) or get legal help
- Sign it - Optional or not, notarization/witnesses are a best practice
This route is, in most cases, notably more affordable and convenient than working with a conventional lawyer. If necessary, you can fill out this Living Will on behalf of your spouse, an elderly parent, or another relative, and then have them sign once you've drafted it. Please remember that for a Living Will to be considered legally valid, the principal must be a mentally competent adult when they sign. In the event that the principal is already unable to make their own decisions, a conservatorship might be necessary. In such a situation, it is best for you to talk to an Legal Pro.
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Do I need to make a Living Will?
Every person over 18 years old should have a Living Will. While it is difficult to think about, there may come a day when you can no longer make your own healthcare decisions. Typical situations in which you may consider it useful to make or update your Living Will include:
- You've been given a terminal diagnosis
- You expect to be hospitalized for a medical procedure
- You reside in or are preparing to move into a community care facility
- You are getting older or have declining health
Regardless of whether this Montana Living Will has been prepared as part of a forward-looking plan or produced in response to a change in your health, notarization and witnesses are strongly recommended for protecting this document and/or your agent if someone disputes their privileges and authority.
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Do I need to work with a lawyer to review my Living Will in Montana?
It’s a good idea to have important documents like your Montana Living Will reviewed before signing, so you fully understand your choices and help avoid unintended outcomes. The problem is that some attorneys may not review documents they didn’t prepare, while others may require a retainer or high hourly fees. This can make getting a legal review of your Montana Living Willdifficult and time-consuming.
Rocket Lawyer makes the process easier. With Rocket Lawyer, you can request a review from a Legal Pro or ask questions about your document. You can also use Rocket Copilot to review your document, identify potential issues, and check that everything is complete before signing.
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What would I normally have to pay to make a Living Will in Montana?
Attorney fees for drafting or reviewing a Montana Living Will can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized Montana Living Will tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
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Does a Living Will need to be notarized or witnessed in Montana?
The specifications vary by state; however, in Montana, your document needs to be signed by two witnesses. As a basic principle, your witnesses should be 18 years old or older, and none should simultaneously be designated as your healthcare agent.
