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Montana Durable Power of Attorney Laws

Explanation of Chart and More Information on Durable Power of Attorney Laws

Code Section 50-9-101 et seq. Rights of the Terminally Ill Act
Specific Powers, Life-Prolonging ActsWithholding or withdrawal of life-sustaining treatment, defined as any medical procedure or intervention that will serve only to prolong the dying process. Qualified patient may designate another individual to make decisions governing withholding or withdrawal of life-sustaining treatment. Life-sustaining procedures may not be withdrawn when qualified patient is known to be pregnant and when it is likely fetus will result in live birth
Legal Requirements for Durable Power of Attorney(1) 18 yrs. and of sound mind; (2) signed by declarant or another at his request; (3) 2 witnesses; (4) communicated to physician and made part of patient's medical record; (5) declared to be terminal and no longer able to make decisions regarding life-sustaining treatment; (7) declarant may designate another individual, 18 yrs. old and of sound mind, to make decisions regarding life-sustaining treatment (sample form §50-9-103)
Revocation of Durable Power of AttorneyRevocable at any time in any manner without regard to physical or mental condition. Effective upon notice
Validity from State-to-StateDeclaration made in another state in compliance with that state's laws executed in a substantially similar manner to laws of Montana is effective
If Physician Unwilling to Follow Durable Power of AttorneyUnwilling physician shall take all reasonable steps as promptly as practicable to transfer to another who is willing
Immunity for Attending PhysicianIndividual appointed under this section not criminally or civilly liable for decisions made pursuant to executed declaration; attending physician or health care provider not subject to civil or criminal liability or guilty of unprofessional conduct if acting in accordance with reasonable medical standards and in good faith.

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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