Life Sustaining Statute, Montana
A Life Sustaining Statute or a uniform living will is a legal document written by someone who is diagnosed with an illness that may be difficult to cure or has a chance to become a terminal illness. A life sustaining statute or uniform living will states the wishes of the person who is ill. It states what they would want to happen in the case that their illness does become terminal or that they pass the point of no return. This document states the types of medications he will be restricted to and from. It also states that if the person decided to prolong or shorten his or her life, that he or she did it willingly, of sound mind, has been informed of possible treatments and procedures, and understands all legal implications of his or her decisions. The document is generally written (this may vary among states) with the writer’s signature, City of residence, County of residence, State of residence, Social Security Number, the Date it was signed, and the names of the witnesses present during this event. It is then presented to a notary public for notarization and publishing. Finally, you are encouraged to keep multiple copies. Make sure that theses can be accessible with your doctor, lawyer, and family members.
A life sustaining statute is generally legal in most states and will generally be enforce and made in the presence of witnesses and a notary public. There is a general format when it come to life sustaining statutes but the details may differ depending on the state you are in. In the state of Montana, it is a general legal form.
Life Sustaining Statute, Montana
Declaration as Provided by Montana Stats. 50-9-104
DECLARATION
If I should have an incurable or irreversible condition that will cause my death within a reasonable short time, it is my desire that my life not be prolonged by administration of life-sustaining procedures. If my condition is terminal and I am unable to participate in decisions regarding my medical treatment, I direct my attending physician to withhold or withdraw procedures that merely prolong the dying process and are not necessary to my comfort or freedom from pain. It is my intention that this declaration shall be valid until revoked by me.
Signed this ___________________ day of ______________
________________________________________________________________
Signature: ______________
City of residence: __________________
County of residence: ________________
State of residence: _________________
The Declarant is known to me and voluntarily signed this document in my presence.Witness:
_____________________________________________________________
Witness:
_____________________________________________________________
Declaration as Provided by Montana Stats. 50-9-104
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Montana. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.
1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Frequently Asked Questions
What is the Montana life sustaining statute?
The Montana life sustaining statute is codified at Montana Stats. 50-9-104. It provides a legal form for a declaration allowing individuals to state their wishes regarding life-sustaining procedures. The statute includes a sample declaration that can be used to document these wishes.
How do I make a living will in Montana?
In Montana, you can make a living will by completing a declaration as provided by Montana Stats. 50-9-104. The declaration must be signed by you and witnessed by two witnesses. The statute includes a specific form that you can use.
What does the Montana living will declaration say?
The declaration states that if you have an incurable or irreversible condition that will cause your death within a reasonable short time, you desire that your life not be prolonged by life-sustaining procedures. It also directs your attending physician to withhold or withdraw procedures that merely prolong the dying process and are not necessary for your comfort or freedom from pain if your condition is terminal and you are unable to participate in decisions. It remains valid until you revoke it.
Who can witness a living will in Montana?
The Montana statute requires two witnesses to the declaration. The witnesses must attest that the declarant is known to them and voluntarily signed the document in their presence. The statute does not specify any restrictions on who can serve as a witness.
Can I revoke my living will in Montana?
Yes, the declaration provided by Montana Stats. 50-9-104 states that it is your intention that the declaration shall be valid until revoked by you. The statute does not specify the method for revocation, but it allows you to revoke it.
What is the purpose of a life-sustaining procedure declaration?
The purpose is to allow individuals to express their wishes regarding the use of life-sustaining procedures in the event they have a terminal condition and are unable to participate in medical decisions. It directs attending physicians to withhold or withdraw procedures that merely prolong the dying process and are not necessary for comfort or freedom from pain.
Is a living will in Montana legally binding?
The Montana life sustaining statute provides a legal form for a declaration. When properly executed according to the statute, it serves as a legal document directing your attending physician. The statute does not explicitly state enforceability, but it is a recognized legal declaration.
What information is required on a Montana living will form?
The form provided by Montana Stats. 50-9-104 requires the declarant's signature, the date, and the declarant's city, county, and state of residence. It also requires the signatures of two witnesses who attest that the declarant is known to them and voluntarily signed the document in their presence.
Does Montana have a statutory living will form?
Yes, Montana Stats. 50-9-104 provides a statutory declaration form for a living will. The form includes specific language regarding the withholding or withdrawal of life-sustaining procedures. It also includes a review list, though the article text is truncated.
What is the definition of life-sustaining procedures under Montana law?
The article text does not provide a definition of life-sustaining procedures. It only references the term in the context of the declaration. For a precise definition, you would need to consult the full statute.
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