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A Montana Advance Directive (or "Declaration Relating to Use Of Life-Sustaining Treatment") is a legal document that lays out your wishes regarding health care, such as your request for or refusal of... Read more

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Making an Advance Directive in Montana

  • What is a Montana Advance Directive?

    A Montana Advance Directive (or "Declaration Relating to Use Of Life-Sustaining Treatment") is a legal document that lays out your wishes regarding health care, such as your request for or refusal of a certain medical treatment or procedure, and/or the naming of a trusted healthcare decision maker.

    The person making an Advance Directive is called the "principal," and the people or entities obtaining permission to carry out the principal's wishes are called "agents." Suited for residents of Montana, this free Advance Directive can be used in Missoula County, Gallatin County, Yellowstone County, and in all other counties across the state. Each Montana Advance Directive from Rocket Lawyer can be modified for your unique circumstances. With this legal document on hand, your medical providers will have a point of reference for your decisions, and your representative(s) can provide proof that they have been authorized to make choices for you.

  • How do I write an Advance Directive in Montana?

    It is very easy to document your medical wishes using a free Montana Advance Directive template from Rocket Lawyer:

    1. Make your Advance Directive - Provide a few simple details, and we will do the rest
    2. Send and share it - Review it with your healthcare agent or ask a legal question
    3. Sign it and make it legal - Required or not, notarization and witnesses are a best practice

    This solution is often much more affordable and convenient than finding and working with your average lawyer. If needed, you may fill out an Advance Directive on behalf of your spouse or another relative, and then have them sign it once you've drafted it. Please note that for an Advance Directive to be accepted as legally valid, the principal must be an adult who is mentally competent at the time of signing. If the principal is already incapacitated and unable to make their own decisions, a conservatorship may be necessary. When dealing with this situation, it would be best for you to connect with an attorney.

  • Do I need to make an Advance Directive?

    Anyone who is over 18 years old ought to have an Advance Healthcare Directive (both a Healthcare Power of Attorney and a Living Will). Although it's painful to think about, there will likely come a time when you are no longer able to make healthcare decisions on your own. Here are a few common circumstances in which you might consider it useful to make or update your Advance Directive:

    • You plan to be hospitalized for surgery
    • You are aging or have declining health
    • You have been given a terminal diagnosis
    • You intend to move into a care facility

    Whether your Montana Advance Directive is being generated as part of a long-term plan or produced as a result of a recent change in your health, notarization and witnesses will often help to protect your agent if someone challenges their privileges and authority.

  • Do I need to work with an attorney for my Advance Directive in Montana?

    Making an Advance Directive is normally easy to do; however, you may have questions. Depending on whom you approach, some lawyers will not even agree to review your document if they weren't the author. A more favorable approach might be to request help from Rocket Lawyer On Call® network of attorneys. If you become a Premium member, you have the ability to request advice from an attorney with relevant experience or ask other questions about your Advance Directive. As always, Rocket Lawyer is here to support you.

  • How much would it typically cost for a lawyer to help me make an Advance Directive in Montana?

    The fees associated with finding and hiring a law firm to draft an Advance Directive might add up to anywhere from two hundred to one thousand dollars, depending on where you are. Unlike other Advance Directive template websites that you might encounter, Rocket Lawyer gives members up to 40% in savings when hiring a lawyer, so an attorney from our network can act on your behalf if you ever require help.

  • What should I do after drafting a Montana Advance Directive?

    Attached to each Advance Directive, there's a list of suggested steps you can take after your document is completed. With a Rocket Lawyer membership, you will be able to make edits, save it in Word or PDF format, or sign it. Finally, your agent(s) and care providers should receive a copy of the fully executed document. You may also file your Advance Directive in the End of Life Registry maintained by the state.

  • Does an Advance Directive need to be notarized or witnessed in Montana?

    The rules vary in each state; however, in Montana, your Advance Directive needs to be signed by two witnesses. As a general principle, witnesses will need to be 18 years old or older, and none should simultaneously be named as your healthcare agent.

    Legal references for an Advance Directive in Montana: § 50-9-103

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