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Health Care Power of Attorney Requirements in Montana

In Montana, a durable health care power of attorney is recognized by statute without stated signing formalities, while a declaration naming a person to decide on life-sustaining treatment must be signed and witnessed by two individuals; no notary is required.

Last checked . General information, not legal advice.

Montana at a glance

Document name
Durable health care power of attorney
A declaration under the Rights of the Terminally Ill Act may also designate another person to decide on life-sustaining treatment.
Witnesses
None stated for a POA (2 for a declaration)
MCA 72-5-501 sets no witness rule. A declaration under MCA 50-9-103 must be witnessed by two individuals.
Notary required
No
Neither MCA 72-5-501 nor MCA 50-9-103 requires notarization.

Sources

Last checked

The rules in Montana

What is a health care power of attorney called in Montana?

Document name in Montana: Durable health care power of attorney. A declaration under the Rights of the Terminally Ill Act may also designate another person to decide on life-sustaining treatment.

How many witnesses does a health care power of attorney need in Montana?

Witnesses in Montana: None stated for a POA (2 for a declaration). MCA 72-5-501 sets no witness rule. A declaration under MCA 50-9-103 must be witnessed by two individuals.

Does a health care power of attorney have to be notarized in Montana?

No. Notary required in Montana: no. Neither MCA 72-5-501 nor MCA 50-9-103 requires notarization.

Where do the Montana health care power of attorney requirements come from?

The rules above come from Mont. Code Ann. 72-5-501 and Mont. Code Ann. 50-9-103. Each source is linked on this page. We last checked them in October 2026.

Good to know

A health care power of attorney that authorizes decisions on life-sustaining treatment counts as a declaration designating another person under MCA 50-9-103(4).

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.