Montana Advance Directive Packet

State:
Montana
Control #:
MT-SKU-0520
Format:
Word
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Description

Advance Directive Packet

The Montana Advance Directive Packet is a set of forms that allow individuals to plan and document their health care wishes in advance. It includes three documents: the Montana Living Will, the Montana Durable Power of Attorney for Health Care, and the Montana Do Not Resuscitate (DNR) Order. The Montana Living Will allows individuals to express their wishes for end-of-life care, including the types of treatments they would or would not like to receive. The Montana Durable Power of Attorney for Health Care allows individuals to appoint an agent to make health care decisions on their behalf in the event that they become incapacitated. The Montana Do Not Resuscitate (DNR) Order allows individuals to choose whether they would like to receive cardiopulmonary resuscitation (CPR) in the event of a medical emergency. The Montana Advance Directive Packet is an important tool for individuals to ensure that their wishes are respected and followed if they become unable to make decisions for themselves.

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FAQ

In the past decade, twenty-five states have adopted specific psychiatric advance directives statutes.

What are advance directives? Advance directives are legal documents that provide instructions for medical care and only go into effect if you cannot communicate your own wishes. The two most common advance directives for health care are the living will and the durable power of attorney for health care.

The Five Wishes health care document needs to be signed and witnessed by two people to be valid in Montana. Completion of the Five Wishes document meets requirements for Living Will and Durable Power of Attorney for healthcare. It is not necessary to complete a separate Living Will or Durable Power of Attorney form.

One state's advance directive does not always work in another state. Some states do honor advance directives from another state; others will honor out-of-state advance directives as long as they are similar to the state's own law; and some states do not have an answer to this question.

State laws vary concerning the appropriate documents to cover these situations. All fifty states permit you to express your wishes as to medical treatment in terminal illness or injury situations, and to appoint someone to communicate for you in the event you cannot communicate for yourself.

A Montana medical power of attorney is a document that allows a principal to appoint an ?agent? or ?attorney-in-fact? to handle health care decisions on their behalf. The principal may also select ?successor agents? in the event the agent is not able to perform their duties (agents may not act together).

For the most part, it will be valid, because nearly all states except health care directives from other states so long as the documents are legally valid in the state where they were made. Some states regulate the degree to which they will accept health care directives from other states.

The Patient Self-Determination Act (PSDA) is a federal law passed by Congress in 1990 which requires providers to inform all adult patients about their rights to accept or refuse medical or surgical treatment and the right to execute an "advance directive." An "advance directive" is a written instruction such as a

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Montana Advance Directive Packet