Download As Excel Legal Montana Life Documents New Residents Forms For Free

Health care advance directives are legal documents that communicate a person's wishes about health care decisions in the event the person becomes incapable of making health care decisions. There are two basic kinds of advance directives: living wills. There... read more and health care powers of attorney.

In Montana, a Health Care Power of Attorney is effective upon your signature, without having your signature notarized or witnessed. However, notarization provides proof your signature is genuine should any questions arise from family members and/or health care professionals.

Under the Montana Uniform POA Act, a POA is considered durable unless the document specifically states that it is terminated by the incapacity of the principal. With a durable POA an agent can handle the principal's financial affairs without the need for court action.

A power of attorney may be more flexible, since it's impossible to predict all the medical decisions that might come up in the future and spell out your exact preferences for all of these situations. Many states actually combine the living will and power of attorney into one "advance directive" form.

-In addition, patient's have a right to have advance directives, such as a living will and durable power of attorney for health care.

In Montana, there are generally four types of Power of Attorney: General, Durable, Special (or Limited), and Medical. A General POA gives broad powers to your agent to act in your stead. A Durable POA remains in effect even if you become incapacitated. A Special or Limited POA is for one-time or specific transactions.