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A Living Will

MCA 50-9-103 — signed and witnessed by two, revocable at any time in any manner, and in force only at a terminal condition

A person of sound mind and 18 or older may sign a declaration about withholding or withdrawing life sustaining treatment, and may name another adult to make those decisions. It is signed and witnessed by two individuals.

  • MCA 50-9-103
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Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.

It becomes operative when it is given to the attending physician or nurse and the person is found to be in a terminal condition and no longer able to decide.

  • MCA 50-9-105

Revoking it. A declaration may be revoked at any time and in any manner, whatever the person's condition, effective once it is communicated to the attending physician, nurse or another health care provider.

Sources for this section (3)
  1. MCA 50-9-103 — Declaration relating to use of life-sustaining treatment -- designee
  2. MCA 50-9-104 — Revocation of declaration
  3. MCA 50-9-105 — When declaration operative

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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