What is a Montana Medical Power of Attorney?
The person giving permission is known as the "principal," and the individual or organization receiving powers is called the "agent." Designed for residents of Montana, this Power of Attorney for health care is made for use in Yellowstone County, Missoula County, Gallatin County, and in all other regions in the state. All Montana Medical PoA forms from Rocket Lawyer can be customized to address your specific scenario. As a result of having this legal document, your representative(s) will be able to offer verification to healthcare facilities and other parties that they can legally make choices for you when you are not able.
When to use a Montana Medical Power of Attorney:
- You'd like to take precautions and legally assign someone to make healthcare decisions for you if you can't.
- You're healthy, but just want to be ready for anything.
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
. DESIGNATION OF HEALTH CARE AGENT. I, , of , , appoint:
|Relation, if any:|
as my Agent to make health care and personal decisions for me if I become unable to make such decisions for myself, except to the extent I state otherwise in this document.
NOTICE: Generally you should not appoint any of the following persons as your Agent:
(1) your treating physician or health care provider;
(2) an employee of your physician or health care provider unless the person is your relative;
(3) your residential care provider; or
(4) an employee of your residential care provider unless the person is your relative.
. CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE. By this document I intend to create a Durable Power of Attorney for Health Care. This power of attorney shall take effect upon my disability, incapacity, or incompetency, and shall continue during such disability, incapacity, or incompetency.
. GENERAL STATEMENT OF AUTHORITY GRANTED. Subject to any limitations in this document, I grant to my Agent full power and authority to make health care decisions for me to the same extent that I could make such decisions for myself if I had the capacity to do so, the authority to direct the withdrawal and withholding of artificially administered food and fluids.
In exercising this authority, my Agent shall make health care decisions that are consistent with my desires as stated in this document or otherwise made known to my Agent. If my desires regarding a particular health care decision are not known to my Agent, then my Agent shall make the decision for me based upon what my Agent believes to be in my best interests.
SECOND ALTERNATE AGENT
. GENERAL PROVISIONS.
1. HOLD HARMLESS. All persons or entities who in good faith endeavor to carry out the terms and provisions of this document shall not be liable to me, my estate, my heirs or assigns for any damages or claims arising because of their action or inaction based on this document, and my estate shall defend and indemnify them.
2. SEVERABILITY. If any provision of this document is held to be invalid, such invalidity shall not affect the other provisions which can be given effect without the invalid provision, and to this end the directions in this document are severable.
3. STATEMENT OF INTENTIONS. It is my intent that this document be legally binding and effective. If the law does not recognize this document as legally binding and effective, it is my intent that this document be taken as a formal statement of my desire concerning the method by which any health care decisions should be made on my behalf during any period in which I am unable to make such decisions.
(YOU MUST DATE AND SIGN THIS DOCUMENT)
I have read and understand the contents of this document and the effect of this grant of powers to my Agent. I am emotionally and mentally competent to make this declaration.
Signed on ______ day of ____________________, _____.
READ AND CAREFULLY FOLLOW THE WITNESSING PROCEDURE. IT REQUIRES TWO WITNESSES AND A NOTARY TO FORMALIZE THIS DOCUMENT ALTHOUGH YOUR STATE HAS NOT ENACTED A HEALTH CARE POWER OF ATTORNEY STATUTE.
STATEMENT OF WITNESSES
I declare that the person who signed or acknowledged this document, , (the "Principal") has identified himself or herself to me, that signed or acknowledged this document in my presence, and that appears to be of sound mind and under no duress, fraud or undue influence. I am not the person appointed as Agent or Alternate Agent by this document, nor am I a provider of health or residential care, an employee of a provider of health or residential care, the operator of a community care facility, or an employee of an operator of a health care facility.
I further declare that I am not related to by blood, marriage, or adoption, and to the best of my knowledge, I am not a creditor of or entitled to any part of the estate of under a will now existing or by operation of law.
State of Montana
County of _________________________ ss:
On this _____ day of ____________________, _____, , known to me (or satisfactorily proven) to be the person named in the foregoing instrument, personally appeared before me, a Notary Public, within and for the said State and County, and acknowledged that he/she freely and voluntarily executed the same for the purposes stated in the document.
My commission expires: _________________________
Montana Medical Power of Attorney FAQs
How do I get Medical Power of Attorney in Montana?
It is quick and easy to assign or receive the authority you may need using a free Montana Medical Power of Attorney template from Rocket Lawyer:
- Make the PoA - Answer a few general questions and we will do the rest
- Send and share - Review the document with your agent(s) or seek legal advice
- Sign it and make it legal - Required or not, notarization and witnesses are recommended
This solution, in many cases, will end up being much more affordable and convenient than finding and hiring the average attorney. If needed, you may prepare a Medical PoA on behalf of an elderly parent, a spouse, or another relative, and then have them sign once you've drafted it. Please keep in mind that for a PoA form to be valid, the principal must be mentally competent when they sign. If the principal has already been declared incompetent, a conservatorship generally will be necessary. In such a scenario, it is a good idea for you to talk to an attorney .
Do I need to have a Power of Attorney for healthcare in Montana?
Everyone over 18 years old should have a Medical Power of Attorney. Although it can be challenging to think about, a time might come when you cannot make healthcare decisions on your own. Common situations in which power of attorney would be useful include:
- You will be in the hospital for a surgical procedure
- You are aging or have declining health
- You have been given a terminal diagnosis
- You reside in or are planning to move into an adult care facility
Regardless of whether this Montana Medical Power of Attorney has been made in response to an unexpected issue or as part of a forward-looking plan, witnesses and notarization often help to protect your agent if their privileges are questioned.
What is the difference between a Montana Healthcare Proxy and a Montana Medical Power of Attorney?
At times, when discussing the subjects of elder care or estate planning with legal or medical professionals, you or a loved one may find that "healthcare power of attorney", "medical power of attorney" and "healthcare proxy" are used together. In short, they're the same. That said, it is certainly possible to get agency over matters that aren't related to health care, in which case, "proxy" typically is not the term of choice.
Do I need an attorney for my Montana Medical PoA?
Montana Medical PoA forms are usually easy to make; however, you or your agent could still have questions. Hiring a lawyer to look over your document might take a lot of time on your own. An easier approach worth consideration is to request help from Rocket Lawyer attorney services. Premium members are able to request guidance from an attorney with relevant experience or pose additional questions. As always, you can Live Confidently® knowing that Rocket Lawyer is here by your side.
What might I traditionally pay to get a Power of Attorney form for health care in Montana?
The cost of hiring and working with a traditional legal provider to produce a Medical Power of Attorney could be between $200 and $500, based on your location. Rocket Lawyer is not your average Power of Attorney template provider. With our service, anyone under a Rocket Lawyer membership has access to up to a 40% discount when hiring an attorney from our Rocket Lawyer attorney network.
Will there be any additional steps that I will need to take after I write a Montana Medical Power of Attorney?
With a membership, you may make edits, save it in PDF format or as a Word document, and/or print it out. In order to make the PoA into a legally binding document, you need to sign it. Your agent(s) and care providers should get a copy of your fully executed document.
Does a Medical Power of Attorney need to be notarized, witnessed, or recorded in Montana?
The specific rules and restrictions for PoA forms vary in each state; however, in Montana, your document will need to be signed by two witnesses. Finally, as a general principle, your witness(es) should not be under 18 years old, and none should also be acting as your agent.
See Montana Medical/Healthcare Power of Attorney law: Â§ 50-9-103