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MT.SUM
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1991-06-27
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#define.stb Defintions of legal terms
#help.tut Extra help
SUMMARY OF STATE LIVING WILL LEGISLATION
MONTANA
Synopsis: Montana has a strong living will statute. Under the
Montana statute, a living will validly executed under another
state's laws will be recognized by Montana. If a patient has
executed a living will, it is to be made a part of the patient's
medical records. A physician/hopsital which does not want to
effecutate a living will must take all reasonable steps to
transfer the patient. To prepare a Montana living will using the
state suggested form, please select this option from the opening
menu. Remember that the publisher recommends preparing a
"uniform" living will in addition to the form suggested with by
the State of Montana. Please also consider executing a living
will for any State that you spend more than a few weeks per year,
or where you are a temporary resident.
Statute number: Montana Code 50-9-101
Statute title: "Montana Living Will Act"
Governmental Agency to contact for more information: None
specified
A specific form of living will is suggested
Witness requirements: Number: 2 over the age of 18 years
Relationship: No qualifications are set in the statute
Recording of the living will is not provided for
Revocation of the living will may be made whether or not the
declarant is mentally competent, by "any manner in by which
the declarant is able to communicate an intent to revoke";
In addition, a separate writing revoking the same is effective and
the living will can be revoked by physical destruction of the
same.