A Montana living will, known under state law as a Declaration for a Natural Death, is a written document that lets you state your wishes about life-sustaining medical treatment if you become unable to communicate them yourself. It can also include a Medical Power of Attorney naming someone to make those decisions for you. This kind of living will template is used in end-of-life situations, when you must decide whether you want life-sustaining treatments withheld or withdrawn.
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Montana law. If you notice an error or outdated information, please contact us.
Montana law lets you address treatments that might extend your life during a terminal illness or a persistent vegetative state, including decisions about resuscitation, mechanical ventilation, and other life support, under the state’s Rights of the Terminally Ill Act.
The Montana living will form does not take effect right away. It becomes active only when a physician determines that you have a terminal condition or are permanently unconscious and can no longer communicate your own wishes.
Montana law sets specific requirements for the process of creating a valid living will. The declaration must be signed by you, the declarant, or by another person at your direction, and it must be witnessed by two individuals who watch you sign it voluntarily.[1.3] Under Montana law, an individual of sound mind and at least 18 years old may make this declaration at any time.[1.1]
If you give a copy of your declaration to your physician, Montana law requires them to add it to your medical records. If your physician does not intend to follow your declaration, they must tell you or your health care agent promptly.[1.2] Because the declaration governs only life-sustaining treatment, it does not limit the comfort measures you receive to manage pain or other symptoms.[1.3]
In practice, many people repeat this process by creating a new declaration whenever their wishes change, since a newer signed document reflects your current intent. Keeping your agent and physician informed of any updates helps avoid confusion about which version applies.
Under Mont. Code Ann. § 50-9-104, you may revoke your declaration at any time and in any manner, whatever your mental or physical condition. The revocation takes effect when you, or a witness to it, communicate it to your attending physician, attending advanced practice registered nurse or other health care provider.[2.1]
Your Montana living will takes effect when your attending physician or advanced practice registered nurse determines that you have an incurable or irreversible condition that will cause your death within a relatively short time without life-sustaining treatment. It also requires that you are no longer able to make your own medical decisions.[1.3]
At that point, the statutory declaration directs your physician or advanced practice registered nurse to withhold or withdraw treatment that only prolongs the process of dying, while continuing care that keeps you comfortable and free from pain. Montana law sets out the exact wording of this declaration.
If I should have an incurable or irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician or attending advanced practice registered nurse, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician or attending advanced practice registered nurse, under the Montana Rights of the Terminally Ill Act, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary to my comfort or to alleviate pain.
| Document Name | Montana Living Will Form |
| State Form Name | Montana Declaration for a Natural Death |
| Signing Requirements | Two Witnesses |
| Validity Requirements | Section 50-9-103 |
| Governing Law: Montana Code Annotated, Title 50, Chapter 9 | |
| Also Known As | Montana Advance Directive, Declaration for a Natural Death |
Follow these steps to complete the Montana Declaration for a Natural Death and Medical Power of Attorney. The declaration combines your treatment wishes with the naming of an agent to make health care decisions on your behalf if you cannot. Work through each part of the process in order before you sign in front of two witnesses.
Once your Montana living will and Medical Power of Attorney are signed and witnessed, a few simple steps help make sure your wishes are followed when they matter most. Sharing copies with the right people and storing the original safely means your health care agent and your physician can find and act on it quickly if you are ever unable to speak for yourself.
Yes. A Montana living will must be signed by you, the declarant, or by another person at your direction, and it must be witnessed by two people who watch you sign it voluntarily. Each witness also signs a statement confirming that “the declarant voluntarily signed this document in my presence,” so the witnesses are attesting to your signature, not just watching it happen.[1.3]
Other Living Will Forms by State
General information, not legal or tax advice.
