Montana Montana Will Laws


Here you will find legal terms and their application by state as this can vary depending on where you live.

Reciprocity - The practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another. Certain states will limit the extent to which they honor health care directives(reciprocity) from other states, meaning they will only accept them so far as they comply with their own laws. This creates a bit of a legal grey area, however, most times it doesn't become an issue.

State Law Citation and Title

MT CODE ANN ยง 72-11-101 to 72-11-104

Montana Code Annotated Title 72, Chapter 11 (Intestate Succession)

State Law Statute

50-9-101 et seq. Rights of the Terminally Ill Act

Specific Powers

Withholding or withdrawal of lifesustaining treatment, defined as any medical procedure or intervention that will serve only to prolong the dying process. Qualified patient may designate another individual to make decisions governing withholding or withdrawal of lifesustaining treatment. Life-sustaining procedures may not be withdrawn when qualified patient is known to be pregnant and when it is likely fetus will result in live birth

Revocation Duration

A living will is revocable at any time in any manner, without regard to the declarant's physical or mental condition. The revocation is effective upon communication to attending physician or health care provider. Upon receipt of such communication, the health care provider or emergency medical services personnel shall act upon the revocation and communicate it to the attending physician at the earliest opportunity. Revocation shall become part of declarants medical record.


A declaration made in another state that is in compliance with that states' laws and is executed in a substantially similar manner to laws of Montana is considered effective.

Transfer Unwilling

Attending physician or health care provider who is unable or unwilling to comply shall take all reasonable steps as promptly as practicable to transfer to another who is willing

Immunity Physician

Attending physician or health care provider not subject to civil or criminal liability or guilty of unprofessional conduct as long as acting in accordance with reasonable medical standards and in good faith

** This Document Provided By Will Laws **