Montana USLegal Guide to Advance Directives for Health Care
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How to fill out USLegal Guide To Advance Directives For Health Care?
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FAQ
Regardless of the format, Montana law requires that a person (called a declarant under the Montana Rights of the Terminally Ill Act) executing an advance directive is at least 18 years of age. Two witnesses must observe your signing of the form and then sign the form themselves.
It should include your known wishes about treatment. An Advance Care Directive is a way to say what healthcare treatments you would like to have or refuse, should you find yourself in a position where you are seriously ill or injured and unable to make or communicate decisions about your treatment and care.
Advance directives generally fall into three categories: living will, power of attorney and health care proxy.
Authorised witnesses include Justices of the Peace, lawyers, doctors, nurses, pharmacists, teachers and public servants (more than five years). A full list is available in the Advance Care Directives Guide. It is your choice whether or not you witness a person's Advance Care Directive.
Your witnesses cannot: be your health care agent, doctor, nurse, or social worker.
You can if you are 18 years or older and are capable of making your own medical decisions. You do not need a lawyer. WHO CAN I NAME AS MY AGENT? You can choose an adult relative or any other person you trust to speak for you when medical decisions must be made.
Types of Advance Care DirectivesCommon Law Advance Care Directives which are recognised by the common law (decisions made by judges in the courts) and generally must be followed.Statutory Advance Care Directives which are governed by State and Territory legislation.
There are two main elements in an advance directivea living will and a durable power of attorney for health care. There are also other documents that can supplement your advance directive. You can choose which documents to create, depending on how you want decisions to be made.
So what's the difference between an advance directive and a living will? The short answer is that a living will is a type of advance directive, while advance directive is a broad term used to describe any legal document that addresses your future medical care.
Most states require two qualified witnesses to sign the document, and some permit notarization as an alternative. A principal who has capacity can cancel the health care power of attorney at any time. The choice of agent does not have to be permanent.