- US Legal Forms
-
Montana Revocation of Living Will
Montana Revocation of Living Will
Description
Related forms
View Change of address
View Uniform Order for Support
View Notice to Defendant for Eviction
View Judgment of Dissolution of Marriage
View Release and Satisfaction of Judgment
How to fill out Montana Revocation Of Living Will?
Avoid costly lawyers and find the Montana Revocation of Living Will you want at a affordable price on the US Legal Forms site. Use our simple categories functionality to search for and download legal and tax files. Go through their descriptions and preview them well before downloading. Moreover, US Legal Forms provides users with step-by-step instructions on how to download and complete every form.
US Legal Forms customers merely need to log in and get the particular form they need to their My Forms tab. Those, who haven’t got a subscription yet need to stick to the tips listed below:
- Make sure the Montana Revocation of Living Will is eligible for use where you live.
- If available, read the description and use the Preview option just before downloading the templates.
- If you’re sure the document suits you, click on Buy Now.
- If the template is wrong, use the search engine to find the right one.
- Next, create your account and choose a subscription plan.
- Pay by card or PayPal.
- Select download the form in PDF or DOCX.
- Just click Download and find your template in the My Forms tab. Feel free to save the form to your gadget or print it out.
After downloading, you can complete the Montana Revocation of Living Will by hand or by using an editing software program. Print it out and reuse the form multiple times. Do more for less with US Legal Forms!
Form Rating
Form popularity
FAQ
You can legally prepare your own will, it can even be handwritten. This type of will is known as a "holographic will." In Montana, your handwritten will must be signed by you. Your signature must also be located on any material provisions, and no witnesses will need to be present for the signing of your will.
Yes, a person can make his or her own will, but it must be in the testator's own handwriting. This type of will is called a holographic will. Such a will is valid if the signature and the material provisions are in the handwriting of the testator.
You can legally prepare your own will, it can even be handwritten. This type of will is known as a "holographic will." In Montana, your handwritten will must be signed by you. Your signature must also be located on any material provisions, and no witnesses will need to be present for the signing of your will.
In some situations, probate can be finished within six months. When the formal procedure is followed, the typical time required to complete probate is about ten months.
There is no need for probate or letters of administration unless there are other assets that are not jointly owned.Probate or letters of administration will be needed so the personal representative can pass it whoever will inherit the share of the property, according to the will or the rules of intestacy.
Although a state's laws might not technically require the filing of a will, the probate process cannot beginand thus any heirs or beneficiaries cannot inherit any of the deceased individual's assetsuntil someone submits the document to the probate court.
No, in Montana, you do not need to notarize your will to make it legal. However, Montana allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
The will of a decedent must be filed with the Clerk of Court so the personal representative may proceed with the administration of the estate. Montana has both formal (court-directed) and informal probate as well as a simplified probate process for small estates.
Trusted and secure by over 3 million people of the world’s leading companies
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE MONTANA CODE ANNOTATED
DECLARATION
(§§ 50-9-103 through 50-9-206)
Section 50-9-103 (1), (4) and (5): Declaration relating to use of life-sustaining treatment -- designee.
(1) An individual of sound mind and 18 or more years of age 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 or more years of age 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 witnessed by two individuals. A physician or health care provider may presume, in the absence of actual notice to the contrary, that the declaration complies with this chapter and is valid. See Form.
(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 physician or other 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, promptly so advise the declarant and any individual designated to act for the declarant.
Section 50-9-104:
(1) A declarant may revoke a declaration
at any time and in any manner, without regard to mental or physical condition.
A revocation is effective upon its communication to the attending physician
or other health care provider by the declarant or a witness to the revocation.
A health care provider or emergency medical services
personnel witnessing a revocation shall act upon the revocation
and shall communicate the revocation to the attending physician at the
earliest opportunity. A revocation communicated to a person other than
the attending physician, emergency medical services personnel, or a health
care provider is not effective unless the attending physician is informed
of it before the qualified patient is in need of life-sustaining treatment.
(2) The attending physician or other health care provider shall
make the revocation a part of the declarant's medical record.
Section 50-9-105:
1) A declaration becomes operative when:
(a) it is communicated to the attending
physician; and
(b) the declarant is determined by the
attending physician to be in a terminal condition and no longer able to
make decisions regarding administration of life-sustaining treatment.
(2) When the declaration becomes operative,
the attending physician and other health care providers shall act in accordance
with its provisions and with the instructions of a designee under 50-9-103(1)
or comply with the transfer requirements of 50-9-203.
Section 50-9-106: Consent by others to withholding or withdrawal of treatment.
(1) If a written consent to the withholding or withdrawal
of the treatment, witnessed by two individuals, is given to the attending
physician, the attending physician may
withhold or withdraw life-sustaining treatment from an individual
who:
(a) has been determined by the attending
physician to be in a terminal condition and no longer able to make decisions
regarding administration of life-sustaining treatment; and
(b) has no effective declaration.
(2) The authority to consent or to withhold
consent under subsection (1) may be exercised by the following individuals,
in order of priority:
(a) the spouse of the individual;
(b) an adult child of the individual or,
if there is more than one adult child, a majority of the adult children
who are reasonably available for consultation;
(c) the parents of the individual;
(d) an adult sibling of the individual
or, if there is more than one adult sibling, a majority of the adult siblings
who are reasonably available for consultation; or
(e) the nearest other adult relative of
the individual by blood or adoption who is reasonably available for consultation.
(3) If a class entitled to decide whether
to consent is not reasonably available for consultation and competent to
decide or if it declines to decide, the next class is authorized to decide.
However, an equal division in a class does not authorize the
next class to decide.
(4) A decision to grant or withhold consent
must be made in good faith. A consent is not valid if it conflicts with
the expressed intention of the individual.
(5) A decision of the attending physician
acting in good faith that a consent is valid or invalid is conclusive.
(6) Life-sustaining treatment cannot be
withheld or withdrawn pursuant to this section from an individual known
to the attending physician to be pregnant so long as it is probable that
the fetus will develop to the point of live birth with continued application
of life-sustaining treatment.
Section 50-9-107: When health care provider may presume validity of declaration.
In the absence of knowledge to the contrary, a physician or other health care provider may assume that a declaration complies with this chapter and is valid.
Section 50-9-108: Effect of previous declaration.
An instrument executed before October 1, 1991, that substantially complies with 50-9-103(1) is effective under this chapter.
Section 50-9-111: Recognition of declarations executed in other states.
A declaration executed in a manner substantially similar to 50-9-103 in another state and in compliance with the law of that state is effective for purposes of this chapter.
Section 50-9-201: Recording determination of terminal condition and content of declaration.
Upon determining that a declarant is in a terminal condition, the attending physician who knows of a declaration shall record that determination and the terms of the declaration in the declarant's medical record.
Section 50-9-202: Treatment of qualified patients.
(1) A
qualified patient may make decisions regarding life-sustaining treatment
so long as the patient is able to do so.
(2) This chapter does not affect the responsibility
of the attending physician or other health care provider to provide treatment,
including nutrition and hydration, for a patient's comfort care or alleviation
of pain.
(3) Life-sustaining treatment cannot be withheld
or withdrawn pursuant to a declaration from an individual known to the
attending physician to be pregnant so long as it is probable that the fetus
will develop to the point of live birth with continued application of life-sustaining
treatment.
Section 50-9-203: Transfer of patients.
An attending physician or other health care provider who is unwilling to comply with this chapter shall take all reasonable steps as promptly as practicable to transfer care of the declarant to another physician or health care provider who is willing to do so. If the policies of a health care facility preclude compliance with the declaration of a qualified patient under this chapter, that facility shall take all reasonable steps to transfer the patient to a facility in which the provisions of this chapter can be carried out.
Section 50-9-204:
(1) In the absence of actual notice of the
revocation of a declaration, the following, while acting in accordance
with the requirements of this chapter, are not subject to civil or criminal
liability or guilty of unprofessional conduct:
(a) a physician who causes the withholding
or withdrawal of life-sustaining treatment from a qualified patient;
(b) a person who participates in the withholding
or withdrawal of life-sustaining treatment under the direction or with
the authorization of a physician;
(c) emergency medical services personnel
who cause or participate in the withholding or withdrawal of life-sustaining
treatment under the direction of or with the authorization of a physician
or who on receipt of reliable documentation follow a
living will protocol;
(d) emergency medical services personnel
who proceed to provide life-sustaining treatment to a qualified patient
pursuant to a revocation communicated to them; and
(e) a health care facility in which withholding
or withdrawal occurs.
(2) A physician or other health care provider
whose action under this chapter is in accord with reasonable medical standards
is not subject to civil or criminal liability or discipline for unprofessional
conduct with respect to that decision.
(3) A physician or other health care provider
whose decision about the validity of consent under 50-9-106 is made in
good faith is not subject to criminal or civil liability or discipline
for unprofessional conduct with respect to that decision.
(4) An individual designated pursuant
to 50-9-103(1) or an individual authorized to consent pursuant to 50-9-106,
whose decision is made or consent is given in good faith pursuant to this
chapter, is not subject to criminal or civil liability or discipline for
unprofessional conduct with respect to that decision.
Section 50-9-205:
(1) Death resulting from the withholding
or withdrawal of
life-sustaining treatment in accordance with this chapter does
not constitute, for any purpose, a suicide or homicide.
(2) The making of a declaration pursuant
to 50-9-103 does not affect the sale, procurement, or issuance of any policy
of life insurance or annuity, nor does it affect, impair, or modify the
terms of an existing policy of life insurance. A policy of
life insurance is not legally impaired or invalidated by the withholding
or withdrawal of life-sustaining treatment from an insured, notwithstanding
any term of the policy to the contrary.
(3) A person may not prohibit or require
the execution of a declaration as a condition for being insured for or
receiving health care services.
(4) This chapter creates no presumption
concerning the intention of an individual who has revoked or has not executed
a declaration with respect to the use, withholding, or withdrawal of life-sustaining
treatment in the event of a terminal condition.
(5) This chapter does not affect the right
of a patient to make decisions regarding use of life-sustaining treatment,
so long as the patient is able to do so, or impair or supersede a right
or responsibility that any person has to effect the withholding or
withdrawal of medical care.
(6) This chapter does not require a physician
or other health care provider to take action contrary to reasonable medical
standards.
(7) This chapter does not condone, authorize,
or approve mercy killing or euthanasia.
Section 50-9-206:
(1) A physician or other health care provider
who willfully fails to transfer the care of a patient in accordance with
50-9-203 is guilty of a misdemeanor punishable by a fine not to exceed
$500 or imprisonment in the county jail for a term not to exceed 1 year,
or both.
(2) A physician who willfully fails to
record the determination of terminal condition or the terms of a declaration
in accordance with 50-9-201 is guilty of a misdemeanor punishable by a
fine not to exceed $500 or imprisonment in the county jail for a term not
to exceed 1 year, or both.
(3) An individual who purposely conceals,
cancels, defaces, or obliterates the declaration of another without the
declarant's consent or who falsifies or forges a revocation of the declaration
of another is guilty of a misdemeanor punishable by a fine not to exceed
$500 or imprisonment in the county jail for a term not to exceed 1 year,
or both.
(4) An individual who falsifies or forges
the declaration of another individual or purposely conceals or withholds
personal knowledge of a revocation as provided in 50-9-104 is guilty of
a misdemeanor punishable by a fine not to exceed $500 or imprisonment in
the county jail for a term not to exceed 1 year, or both.
(5) A person who requires or prohibits
the execution of a declaration as a condition for being insured for or
receiving health care service is guilty of a misdemeanor punishable by
a fine not to exceed $500 or imprisonment in the county jail for a term
not to exceed 1 year, or both.
(6) A person who coerces or fraudulently
induces an individual to execute a declaration is guilty of a misdemeanor
punishable by a fine not to exceed $500 or imprisonment in the county jail
for a term not to exceed 1 year, or both.
(7) The penalties provided in this section
do not displace any sanction applicable under other law.
Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE MONTANA CODE ANNOTATED
DECLARATION
(§§ 50-9-103 through 50-9-206)
Section 50-9-103 (1), (4) and (5): Declaration relating to use of life-sustaining treatment -- designee.
(1) An individual of sound mind and 18 or more years of age 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 or more years of age 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 witnessed by two individuals. A physician or health care provider may presume, in the absence of actual notice to the contrary, that the declaration complies with this chapter and is valid. See Form.
(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 physician or other 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, promptly so advise the declarant and any individual designated to act for the declarant.
Section 50-9-104:
(1) A declarant may revoke a declaration
at any time and in any manner, without regard to mental or physical condition.
A revocation is effective upon its communication to the attending physician
or other health care provider by the declarant or a witness to the revocation.
A health care provider or emergency medical services
personnel witnessing a revocation shall act upon the revocation
and shall communicate the revocation to the attending physician at the
earliest opportunity. A revocation communicated to a person other than
the attending physician, emergency medical services personnel, or a health
care provider is not effective unless the attending physician is informed
of it before the qualified patient is in need of life-sustaining treatment.
(2) The attending physician or other health care provider shall
make the revocation a part of the declarant's medical record.
Section 50-9-105:
1) A declaration becomes operative when:
(a) it is communicated to the attending
physician; and
(b) the declarant is determined by the
attending physician to be in a terminal condition and no longer able to
make decisions regarding administration of life-sustaining treatment.
(2) When the declaration becomes operative,
the attending physician and other health care providers shall act in accordance
with its provisions and with the instructions of a designee under 50-9-103(1)
or comply with the transfer requirements of 50-9-203.
Section 50-9-106: Consent by others to withholding or withdrawal of treatment.
(1) If a written consent to the withholding or withdrawal
of the treatment, witnessed by two individuals, is given to the attending
physician, the attending physician may
withhold or withdraw life-sustaining treatment from an individual
who:
(a) has been determined by the attending
physician to be in a terminal condition and no longer able to make decisions
regarding administration of life-sustaining treatment; and
(b) has no effective declaration.
(2) The authority to consent or to withhold
consent under subsection (1) may be exercised by the following individuals,
in order of priority:
(a) the spouse of the individual;
(b) an adult child of the individual or,
if there is more than one adult child, a majority of the adult children
who are reasonably available for consultation;
(c) the parents of the individual;
(d) an adult sibling of the individual
or, if there is more than one adult sibling, a majority of the adult siblings
who are reasonably available for consultation; or
(e) the nearest other adult relative of
the individual by blood or adoption who is reasonably available for consultation.
(3) If a class entitled to decide whether
to consent is not reasonably available for consultation and competent to
decide or if it declines to decide, the next class is authorized to decide.
However, an equal division in a class does not authorize the
next class to decide.
(4) A decision to grant or withhold consent
must be made in good faith. A consent is not valid if it conflicts with
the expressed intention of the individual.
(5) A decision of the attending physician
acting in good faith that a consent is valid or invalid is conclusive.
(6) Life-sustaining treatment cannot be
withheld or withdrawn pursuant to this section from an individual known
to the attending physician to be pregnant so long as it is probable that
the fetus will develop to the point of live birth with continued application
of life-sustaining treatment.
Section 50-9-107: When health care provider may presume validity of declaration.
In the absence of knowledge to the contrary, a physician or other health care provider may assume that a declaration complies with this chapter and is valid.
Section 50-9-108: Effect of previous declaration.
An instrument executed before October 1, 1991, that substantially complies with 50-9-103(1) is effective under this chapter.
Section 50-9-111: Recognition of declarations executed in other states.
A declaration executed in a manner substantially similar to 50-9-103 in another state and in compliance with the law of that state is effective for purposes of this chapter.
Section 50-9-201: Recording determination of terminal condition and content of declaration.
Upon determining that a declarant is in a terminal condition, the attending physician who knows of a declaration shall record that determination and the terms of the declaration in the declarant's medical record.
Section 50-9-202: Treatment of qualified patients.
(1) A
qualified patient may make decisions regarding life-sustaining treatment
so long as the patient is able to do so.
(2) This chapter does not affect the responsibility
of the attending physician or other health care provider to provide treatment,
including nutrition and hydration, for a patient's comfort care or alleviation
of pain.
(3) Life-sustaining treatment cannot be withheld
or withdrawn pursuant to a declaration from an individual known to the
attending physician to be pregnant so long as it is probable that the fetus
will develop to the point of live birth with continued application of life-sustaining
treatment.
Section 50-9-203: Transfer of patients.
An attending physician or other health care provider who is unwilling to comply with this chapter shall take all reasonable steps as promptly as practicable to transfer care of the declarant to another physician or health care provider who is willing to do so. If the policies of a health care facility preclude compliance with the declaration of a qualified patient under this chapter, that facility shall take all reasonable steps to transfer the patient to a facility in which the provisions of this chapter can be carried out.
Section 50-9-204:
(1) In the absence of actual notice of the
revocation of a declaration, the following, while acting in accordance
with the requirements of this chapter, are not subject to civil or criminal
liability or guilty of unprofessional conduct:
(a) a physician who causes the withholding
or withdrawal of life-sustaining treatment from a qualified patient;
(b) a person who participates in the withholding
or withdrawal of life-sustaining treatment under the direction or with
the authorization of a physician;
(c) emergency medical services personnel
who cause or participate in the withholding or withdrawal of life-sustaining
treatment under the direction of or with the authorization of a physician
or who on receipt of reliable documentation follow a
living will protocol;
(d) emergency medical services personnel
who proceed to provide life-sustaining treatment to a qualified patient
pursuant to a revocation communicated to them; and
(e) a health care facility in which withholding
or withdrawal occurs.
(2) A physician or other health care provider
whose action under this chapter is in accord with reasonable medical standards
is not subject to civil or criminal liability or discipline for unprofessional
conduct with respect to that decision.
(3) A physician or other health care provider
whose decision about the validity of consent under 50-9-106 is made in
good faith is not subject to criminal or civil liability or discipline
for unprofessional conduct with respect to that decision.
(4) An individual designated pursuant
to 50-9-103(1) or an individual authorized to consent pursuant to 50-9-106,
whose decision is made or consent is given in good faith pursuant to this
chapter, is not subject to criminal or civil liability or discipline for
unprofessional conduct with respect to that decision.
Section 50-9-205:
(1) Death resulting from the withholding
or withdrawal of
life-sustaining treatment in accordance with this chapter does
not constitute, for any purpose, a suicide or homicide.
(2) The making of a declaration pursuant
to 50-9-103 does not affect the sale, procurement, or issuance of any policy
of life insurance or annuity, nor does it affect, impair, or modify the
terms of an existing policy of life insurance. A policy of
life insurance is not legally impaired or invalidated by the withholding
or withdrawal of life-sustaining treatment from an insured, notwithstanding
any term of the policy to the contrary.
(3) A person may not prohibit or require
the execution of a declaration as a condition for being insured for or
receiving health care services.
(4) This chapter creates no presumption
concerning the intention of an individual who has revoked or has not executed
a declaration with respect to the use, withholding, or withdrawal of life-sustaining
treatment in the event of a terminal condition.
(5) This chapter does not affect the right
of a patient to make decisions regarding use of life-sustaining treatment,
so long as the patient is able to do so, or impair or supersede a right
or responsibility that any person has to effect the withholding or
withdrawal of medical care.
(6) This chapter does not require a physician
or other health care provider to take action contrary to reasonable medical
standards.
(7) This chapter does not condone, authorize,
or approve mercy killing or euthanasia.
Section 50-9-206:
(1) A physician or other health care provider
who willfully fails to transfer the care of a patient in accordance with
50-9-203 is guilty of a misdemeanor punishable by a fine not to exceed
$500 or imprisonment in the county jail for a term not to exceed 1 year,
or both.
(2) A physician who willfully fails to
record the determination of terminal condition or the terms of a declaration
in accordance with 50-9-201 is guilty of a misdemeanor punishable by a
fine not to exceed $500 or imprisonment in the county jail for a term not
to exceed 1 year, or both.
(3) An individual who purposely conceals,
cancels, defaces, or obliterates the declaration of another without the
declarant's consent or who falsifies or forges a revocation of the declaration
of another is guilty of a misdemeanor punishable by a fine not to exceed
$500 or imprisonment in the county jail for a term not to exceed 1 year,
or both.
(4) An individual who falsifies or forges
the declaration of another individual or purposely conceals or withholds
personal knowledge of a revocation as provided in 50-9-104 is guilty of
a misdemeanor punishable by a fine not to exceed $500 or imprisonment in
the county jail for a term not to exceed 1 year, or both.
(5) A person who requires or prohibits
the execution of a declaration as a condition for being insured for or
receiving health care service is guilty of a misdemeanor punishable by
a fine not to exceed $500 or imprisonment in the county jail for a term
not to exceed 1 year, or both.
(6) A person who coerces or fraudulently
induces an individual to execute a declaration is guilty of a misdemeanor
punishable by a fine not to exceed $500 or imprisonment in the county jail
for a term not to exceed 1 year, or both.
(7) The penalties provided in this section
do not displace any sanction applicable under other law.
Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.
