Montana Title 50. Health and Safety § 50-9-103. Declaration relating to use of life-sustaining treatment--designee

(1) An individual of sound mind and 18 years of age or older may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declarant may designate another individual of sound mind and 18 years of age or older to make decisions governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant or another at the declarant's direction and must be witnessed by two individuals. A health care provider may presume, in the absence of actual notice to the contrary, that the declaration complies with this chapter and is valid.

(2) A declaration directing a physician or advanced practice registered nurse to withhold or withdraw life-sustaining treatment may but need not be in the following form:

If I should have an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician or attending advanced practice registered nurse, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician or attending advanced practice registered nurse, pursuant to the Montana Rights of the Terminally Ill Act, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary to my comfort or to alleviate pain.

Signed this ․․․․ day of ․․․․․․․․․, ․․․․.

Signature ․․․․․․․․․․․․․

City, County, and State of Residence ․․․․․․․․․․․․․․․․․․․․

The declarant voluntarily signed this document in my presence.

Witness․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

Address․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

Witness․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

Address․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

(3) A declaration that designates another individual to make decisions governing the withholding or withdrawal of life-sustaining treatment may but need not be in the following form:

If I should have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician or attending advanced practice registered nurse, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I appoint ․․․․․․․․․․ or, if that person is not reasonably available or is unwilling to serve, ․․․․․․․․․․, to make decisions on my behalf regarding withholding or withdrawal of treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain, pursuant to the Montana Rights of the Terminally Ill Act.

If the individual I have appointed is not reasonably available or is unwilling to serve, I direct my attending physician or attending advanced practice registered nurse, pursuant to the Montana Rights of the Terminally Ill Act, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain.

Signed this ․․․․ day of ․․․․․․․․․, ․․․․.

Signature․․․․․․․․․․․․․․․․․․․․․․․․․․․․

City, County, and State of Residence․․․․․․․․․․․․․․․․․․․․․․

The declarant voluntarily signed this document in my presence.

Witness․․․․․․․․․․․․․․․․․․․․․․․․․․․․

Address․․․․․․․․․․․․․․․․․․․․․․․․

Witness․․․․․․․․․․․․․․․․․․․․․․․․

Address․․․․․․․․․․․․․․․․․․․․․․․․

Name and address of designee.

Name․․․․․․․․․․․․․․․․․․․․․․․․․․

Address․․․․․․․․․․․․․․․․․․․․․․․

(4) If the designation of an attorney-in-fact pursuant to 72-5-501 and 72-5-502 or the judicial appointment of an individual contains written authorization to make decisions regarding the withholding or withdrawal of life-sustaining treatment, that designation or appointment constitutes, for the purposes of this part, a declaration designating another individual to act for the declarant pursuant to subsection (1).

(5) A health care provider who is furnished a copy of the declaration shall make it a part of the declarant's medical record and, if unwilling to comply with the declaration, shall advise the declarant and any individual designated to act for the declarant promptly.