Living Will Declaration and optional form to appoint health care agent - Montana 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling out your personal information, including your name, address, and the date at the top of the form. This establishes your identity as the declarant.
  3. In the first section regarding life-sustaining treatment, clearly indicate your wishes by checking the appropriate boxes or writing in your preferences. This is crucial for ensuring that your medical decisions are honored.
  4. Designate a health care agent by entering their name in the specified field. You may also include an alternate agent if desired. Ensure that this person is someone you trust to make decisions on your behalf.
  5. Review the HIPAA release authority section carefully. This grants your agent access to your medical records; ensure you understand what this entails before signing.
  6. Finally, sign and date the document in front of witnesses as required by Montana law. Make sure they also sign and provide their addresses.

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It is almost always recommended that you create a will and power of attorney together. The power of attorney provides protection during your lifetime, while the will provides protection after your death. Together they provide an ongoing umbrella of protection for your assets.
At a high level, a Living Will is a legal document that clearly and explicitly states your wishes in regards to medical treatments and decisions. A Power of Attorney grants authority to someone you trust to act on your behalf.
A healthcare proxy and a living will both have the same purpose: to see that your medical wishes are expressed and honored, even when you cant do so yourself. You give a medical proxy the authority to make those decisions for you, while a living will sets those wishes out in writing.
A power of attorney cannot override a living will if the principal created this while they were of sound mind and fully comprehended their decisions. The only exception is if the patient includes a condition in the living will that allows a proxys decision to override theirs.
A living will, also called a declaration, tells your family and doctor your wishes when you cant speak for yourself. Its used to describe treatment you want as you near the end of your life or if you get seriously hurt or ill. You can change or cancel your living will at any time.

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Heres a breakdown of the main cons: Limited Scope: Living wills primarily address life-sustaining treatments in specific end-of-life scenarios. They may not cover every possible medical situation, nor do they address aspects like pain management or choice of care setting.

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