A Montana advance directive is a health care planning document used to outline a patient’s wishes with regard to life-sustaining treatments administered when they are terminally ill, and to select a health care representative to make decisions on their behalf. Such a document only comes into effect when the individual cannot make health care decisions themselves or communicate their wishes. It is necessary that the patient have a terminal condition, and that the attending physician has determined that they will die in a relatively short time if the decision is made to withhold life-prolonging treatments.

Laws – Title 50, Ch. 9 (Rights of the Terminally Ill Act)

Signing Requirements (§ 50-9-103(1)) – Two (2) Witnesses; Notary Public required to delegate powers relating to mental health treatment.

Statutory Form – § 50-9-103(2)

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State Definition

Statute – § 50-9-102(5)

“Declaration” means a document executed in accordance with the requirements of 50-9-103.

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Registering

Laws – § 50-9-501

Anyone over the age of eighteen (18) can file their advance directive with the state registry; however, there is no online service for this function, and it must be accomplished by standard mail.

Step 1 – Complete Advance Directive

A Montana resident must complete the advance directive and sign the document before two (2) adult witnesses.

Step 2 – Complete the Consumer Registration Agreement

One will then have to complete the Montana End-of-Life Registry Consumer Registration Agreement. This form will require the individual to list their personal information as well as detail the level of privacy for the advance directive.

Step 3 – Mail form to Office of Consumer Protection

The individual must then send the completed advance directive and registration agreement to the below address. No filing fee or similar payment is required:

Office of Consumer Protection
P.O. Box 201410
Helena, MT 59620-1410

Step 4 – Await Response

It generally takes about three (3) weeks to receive a package from the Office of Consumer Protection confirming that the advance directive has been approved and registered. The package will also include a wallet card and labels to place on the back of one’s insurance card and driver’s license. If the directive doesn’t meet the requirements, the letter will detail what needs to be added or altered.