Montana Durable Power of Attorney Laws
|Code Section||50-9-101 et seq. Rights of the Terminally Ill Act|
|Specific Powers, Life-Prolonging Acts||Withholding 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 Life-sustaining procedures may not be withdrawn when qualified patient is known to be pregnant and when it is likely fetus will result in live birth|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 Attorney||Revocable at any time in any manner without regard to physical or mental condition. Effective upon notice|
|Validity from State-to-State||Declaration 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 Attorney||Unwilling physician shall take all reasonable steps as promptly as practicable to transfer to another who is willing|
|Immunity for Attending Physician||Individual 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.|
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