Montana Durable Power of Attorney for Health Care


A Montana durable power of attorney for health care is a form that authorizes an attorney-in-fact to determine medical treatment and care for a principal. The document only goes into effect if the principal is incapable of making their own choices. Causes of incapacitation include terminal illness, severe injury, or being in a comatose state. A doctor must verify in writing that the principal cannot make decisions for themselves before the form becomes active.

The choice(s) made by the attorney-in-fact override the judgment of the principal’s doctor, family member, or friends. While this form allows the attorney-in-fact to determine the principal’s medical care, they must follow any requests written in the “Special Instructions” section first.

Choosing the right agent takes time and consideration. That said, the principal should only appoint a trustworthy person who they know will carry out their medical wishes. The agent must be at least eighteen (18) years of age and mentally sound. More specifically, they must be able to remain calm under pressure or when making a tough decision. For example, they must be confident that they could turn off a principal’s life support if the situation ever arises. Since both parties must know each other well, the principal often chooses a spouse or adult child as the agent.

Laws: § 50-9

Signing requirements (§ 50-9-103(1)): Must be signed by the declarant and witnessed by two (2) people.