Montana Healthcare Power of Attorney - Montana 2025

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The Cons of a Healthcare Power of Attorney Develop a new health condition that changes which types of treatment you want or need to receive. Have a falling out with the person to whom you designated power of attorney or otherwise decide that you no longer want them to have that power.
Key Takeaways. A health care proxy appoints someone to make health care decisions on your behalf if you are unable to do so. A power of attorney appoints someone to handle your financial matters and make decisions on your behalf if you are unable to do so.
When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
The role of a patient representative includes: Reviewing and staying informed about your loved ones medical information. Consulting with the healthcare team and asking questions about your loved ones status and treatment. Consenting to and declining medical tests and treatments on their behalf.
The Bottom Line. A healthcare proxy makes decisions related to healthcare on your behalf and can only act if you are medically or legally incapacitated. A power of attorney makes legal and financial decisions on your behalf and acts based on the scope of authority and under the conditions you have given them.
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The Key Differences between a POA and a PR: Purpose: A Power of Attorney is often used for incapacity planning or to facilitate decision making during the individuals lifetime, while a PR is appointed to handle the affairs of a deceased individuals estate after their death.
Notarization Requirement While Montana does not technically require you to get your POA notarized, notarization is strongly recommended. Under Montana law, when you sign your POA in the presence of a notary public, your signature is presumed to be genuinemeaning your POA is more ironclad.
No, a doctor cannot override a medical power of attorney. Your doctor is obligated to follow the direction of the person you designate as having medical power of attorney over you.

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