Free Montana Advance Directive & Living Will
Build a complete Montana advance directive in minutes — free, no account. Name a health care agent, record your end-of-life wishes, and download a ready-to-sign PDF with Montana's correct signing requirements.
A free directive — not legal or medical advice.
This builds a Montana advance directive: it names a health care agent to decide for you and records your end-of-life wishes. It works only when you sign it as Montana requires (see the signing steps). RecordingLaw.com is not a law firm.
About you
Your health care agent
The person who will make medical decisions if you can't speak for yourself — the most important choice.
Note: in Montana, your agent cannot be The Rights of the Terminally Ill Act allows a declarant to name a designee to make decisions. No detailed agent-disqualification list is codified in ch. 9; a durable power of attorney for health care is authorized under MCA Title 50, ch. 9, and general POA law. Practically, the attending physician should not serve as agent. Confirm against the state form.
Your end-of-life wishes
If you are terminally ill or permanently unconscious with no recovery expected.
Note: Montana law may suspend these wishes during pregnancy.
Other wishes (optional)
Before you sign — Montana notes
This directive has NO legal effect until you sign it. To make it valid in Montana: An adult (declarant) signs the declaration and has two witnesses observe and sign. No notary is required and no signing order is mandated. Montana imposes no statutory witness disqualifications, but choosing non-relative, non-agent witnesses is recommended. A viable pregnancy suspends withdrawal of life-sustaining treatment (§ 50-9-106(7)).
Witness rules: a witness must NOT be MCA 50-9-103 requires the declaration to be signed by the declarant (or another at the declarant's direction) and witnessed by two individuals. The statute imposes NO express disqualifications on witnesses (it does not bar the agent, a relative, an heir, or a care-facility employee). Best practice (and the state-published form) advises witnesses be 18+, not the health care agent, and ideally not relatives, to avoid impartiality questions, but this is guidance, not a statutory requirement. No notarization is required.
Your agent cannot be The Rights of the Terminally Ill Act allows a declarant to name a designee to make decisions. No detailed agent-disqualification list is codified in ch. 9; a durable power of attorney for health care is authorized under MCA Title 50, ch. 9, and general POA law. Practically, the attending physician should not serve as agent. Confirm against the state form.
Pregnancy: Montana law may suspend your living-will instructions while you are pregnant. MCA 50-9-106(7): life-sustaining treatment must NOT be withheld or withdrawn from a declarant known to the attending physician/APRN to be pregnant so long as it is probable the fetus will develop to the point of live birth with continued treatment. A directive is therefore suspended during a viable pregnancy.
Montana also publishes an official statutory directive form (MCA 50-9-103 (form of declaration); Montana's End-of-Life Registry / "My Five Wishes"-style state advance directive form is published by the Montana courts and Dept. of Justice); this document is a valid alternative that covers the same ground.
After signing, give copies to your agent, your alternate, and your doctor, and keep the original somewhere accessible. An advance directive is not filed with a court.
This is a general-purpose directive and is not legal or medical advice. For complex wishes, a serious illness, or detailed treatment limits, talk to your doctor and an estate-planning attorney. RecordingLaw.com is not a law firm.
Enter your name and your agent's name to download.
Or email yourself a copy (PDF)
Advance Health Care Directive of [YOUR FULL NAME]
PART I — DECLARATION
I, [YOUR FULL NAME], of [CITY], Montana, being of sound mind, make this Advance Health Care Directive to state my wishes for my medical care and to appoint a person to make health care decisions for me if I cannot make them myself. I revoke any prior advance directive, living will, or health care power of attorney I have made.
PART II — MY HEALTH CARE AGENT
I appoint [AGENT NAME] as my health care agent.
My agent's authority takes effect when my attending physician determines that I am unable to make my own health care decisions, and ends if I regain that ability.
My agent may make any health care decision I could make, including consenting to, refusing, or withdrawing any medical care, treatment, or procedure; choosing and changing my doctors and care facilities; and arranging for my comfort and pain relief. My agent must follow my wishes as stated in this document and otherwise act in my best interest.
I authorize my agent to obtain and review my medical information, and I make my agent my personal representative under the Health Insurance Portability and Accountability Act (HIPAA) for that purpose.
PART III — LIVING WILL — MY END-OF-LIFE WISHES
If I am terminally ill, permanently unconscious, or in an end-stage condition with no reasonable expectation of recovery, I do NOT want life-sustaining treatment (such as CPR, a ventilator, or dialysis) that would only prolong the process of dying. I direct that such treatment be withheld or withdrawn and that I be allowed to die naturally, receiving only care for my comfort.
I do NOT want artificially administered nutrition and hydration if it would serve only to prolong the process of dying.
Regardless of my other choices, I always want to be kept as comfortable and free of pain as possible, even if medication to relieve my pain may hasten my death.
Note about pregnancy: under Montana law, this living-will instruction may be limited or suspended if I am pregnant. MCA 50-9-106(7): life-sustaining treatment must NOT be withheld or withdrawn from a declarant known to the attending physician/APRN to be pregnant so long as it is probable the fetus will develop to the point of live birth with continued treatment. A directive is therefore suspended during a viable pregnancy.
PART IV — GENERAL PROVISIONS
This directive is governed by the laws of Montana and is intended to be effective in any place where I may be. A copy of this directive has the same effect as the original. I may revoke it at any time by notifying my agent or health care provider, orally or in writing.
If any part of this directive is held invalid, the rest remains in effect. My health care providers and agent who act in good faith reliance on this directive are protected to the fullest extent of the law.
SIGNATURE
I sign this Advance Health Care Directive willingly, on this _____ day of ____________, 20____, at [CITY], Montana.
____________________________________
[YOUR FULL NAME], Principal
WITNESSES — Each of us declares that the principal signed this directive in our presence, appeared to be of sound mind and free from duress, that we are each at least 18 years old, and that we are not disqualified from witnessing under this state's law (see the signing instructions for who may not witness).
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
How to Sign Your Advance Directive in Montana
An adult (declarant) signs the declaration and has two witnesses observe and sign. No notary is required and no signing order is mandated. Montana imposes no statutory witness disqualifications, but choosing non-relative, non-agent witnesses is recommended. A viable pregnancy suspends withdrawal of life-sustaining treatment (§ 50-9-106(7)).
Montana requires 2 witnesses. A notary is not required. This generator's PDF includes a signing page with these exact steps.
The Two Parts: Health Care Agent and Living Will
Your Montana directive has two jobs. The health care agent (also called a healthcare proxy or medical power of attorney) is the person who speaks to doctors for you if you cannot — choosing treatments, providers, and facilities and seeing your medical records. The living will records your own instructions about life-sustaining treatment if you are terminally ill or permanently unconscious with no reasonable hope of recovery.
Who Can Be Your Agent and Witnesses in Montana
Your agent: In Montana, your health care agent cannot be The Rights of the Terminally Ill Act allows a declarant to name a designee to make decisions. No detailed agent-disqualification list is codified in ch. 9; a durable power of attorney for health care is authorized under MCA Title 50, ch. 9, and general POA law. Practically, the attending physician should not serve as agent. Confirm against the state form. Choose someone you trust who knows your values and will advocate for you.
Your witnesses: In Montana, a witness must NOT be MCA 50-9-103 requires the declaration to be signed by the declarant (or another at the declarant's direction) and witnessed by two individuals. The statute imposes NO express disqualifications on witnesses (it does not bar the agent, a relative, an heir, or a care-facility employee). Best practice (and the state-published form) advises witnesses be 18+, not the health care agent, and ideally not relatives, to avoid impartiality questions, but this is guidance, not a statutory requirement. No notarization is required.. Pick neutral adults.
The Pregnancy Rule in Montana
MCA 50-9-106(7): life-sustaining treatment must NOT be withheld or withdrawn from a declarant known to the attending physician/APRN to be pregnant so long as it is probable the fetus will develop to the point of live birth with continued treatment. A directive is therefore suspended during a viable pregnancy. This is a real and sometimes controversial limit; if it matters to you, discuss it with your doctor and consider adding specific instructions, and talk to an attorney about your options.
Who Decides If You Have No Directive in Montana?
If you have not named a health care agent, Montana law decides who speaks for you: If no directive, Montana relies on MCA 50-9-106 (consent by others) and the durable-POA / guardianship framework. There is no detailed numbered next-of-kin priority list as comprehensive as UHCDA states; the attending physician seeks consent from a guardian, agent, or the declarant's nearest available family. Confirm exact priority in MCA 50-9-106. An unmarried partner usually has no automatic say. Signing a directive is how you choose your own decision-maker instead of leaving it to this default.
Updating, Revoking, and Sharing Your Directive
Review your directive after any major change — a new diagnosis, a divorce, the death of your agent, or a move to a new state (a directive valid where you signed it is usually honored elsewhere, but it is wise to re-sign under your new state's rules). You can revoke it any time by telling your agent or doctor or by signing a new one. After signing, give copies to your agent, your alternate, and your doctor and keep the original where it can be found quickly — a directive no one can locate cannot help you.
Frequently Asked Questions
Is an advance directive made online valid in Montana?
Yes, if you sign it correctly. Montana requires 2 witnesses. The document this tool creates is a standard declaration (rights of the terminally ill act living will) + durable power of attorney for health care; commonly combined as an "advance directive"; it becomes legally effective when you sign it as described above.
Do I need a lawyer to make an advance directive in Montana?
No. A properly signed advance directive is valid whether or not a lawyer prepares it. See an attorney if you have complex wishes, a serious illness, or want detailed limits on specific treatments.
What is the difference between a living will and a healthcare power of attorney?
A living will states your own wishes about life-sustaining treatment. A healthcare power of attorney (agent/proxy) names a person to make medical decisions for you. This generator combines both in one Montana directive.
Does my Montana directive need to be notarized?
No, Montana does not require notarization; 2 witnesses is what makes it valid.
Who can witness my advance directive in Montana?
Adults who are not MCA 50-9-103 requires the declaration to be signed by the declarant (or another at the declarant's direction) and witnessed by two individuals. The statute imposes NO express disqualifications on witnesses (it does not bar the agent, a relative, an heir, or a care-facility employee). Best practice (and the state-published form) advises witnesses be 18+, not the health care agent, and ideally not relatives, to avoid impartiality questions, but this is guidance, not a statutory requirement. No notarization is required..
What happens if I don't have an advance directive in Montana?
Montana decides who makes your medical decisions: If no directive, Montana relies on MCA 50-9-106 (consent by others) and the durable-POA / guardianship framework. There is no detailed numbered next-of-kin priority list as comprehensive as UHCDA states; the attending physician seeks consent from a guardian, agent, or the declarant's nearest available family. Confirm exact priority in MCA 50-9-106.
Does pregnancy affect my living will in Montana?
Yes. MCA 50-9-106(7): life-sustaining treatment must NOT be withheld or withdrawn from a declarant known to the attending physician/APRN to be pregnant so long as it is probable the fetus will develop to the point of live birth with continued treatment. A directive is therefore suspended during a viable pregnancy. Discuss this with your doctor and an attorney if it concerns you.
Can my agent override my living will?
No. Your agent must follow the clear wishes you write down. The living will guides your agent and your doctors; the agent fills in decisions you did not specifically address.
Do I have to file my directive with a court?
No. An advance directive is not filed with any court. You keep the signed original and give copies to your agent and your doctor so it is available when needed.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is general information, not legal or medical advice.
Disclaimer
This generator produces a general-purpose advance directive and is not legal or medical advice or a substitute for an attorney or your physician. Healthcare-directive law changes; the Montana requirements here are current as of 2026-06-05. A directive is only effective if signed as your state requires. For a serious illness, detailed treatment limits, or complex family situations, talk to your doctor and a Montana estate-planning attorney. RecordingLaw.com is not a law firm.
Know someone who could use this? Share this free tool: