Living Will Requirements in Montana
A Montana declaration must be signed by the declarant (or another at the declarant's direction) and witnessed by two individuals; notarization is not required.
Last checked . General information, not legal advice.
Montana at a glance
- Name of the document
- Declaration
- Witnesses
- 2 witnesses
- Notarization
- Optional
The rules in Montana
What is a living will called in Montana?
In Montana, the document is called the Declaration.
Does a living will need witnesses in Montana?
Montana requires two witnesses.
Does a living will need to be notarized in Montana?
No. Notarization is optional in Montana.
Where do the Montana rules for living wills come from?
They come from MCA 50-9-103 Declaration relating to use of life-sustaining treatment. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How Montana compares
Montana is one of 25 jurisdictions that make notarization optional.
What this means in practice
Give copies to your doctor, your health care agent and close family, and keep the original where it can be found quickly. A living will that nobody can find cannot help.
Many states have rules about who may serve as a witness, for example excluding relatives or your health care providers. Check the statute before you sign.
Review the document after a major diagnosis, a move to another state or a change in your wishes.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.