Montana law
Elder Laws in Montana.
Montana elder law covers Medicaid long-term care planning, powers of attorney, advance directives, guardianships and conservatorships in the District Court, nursing home resident rights, and adult protective services. Montana follows the federal 60-month Medicaid lookback. Montana has an active Adult Protective Services program through DPHHS. Montana recognizes elder financial abuse as a criminal offense under theft and exploitation statutes.
Last verified: 2026-04-17
State law
Key Montana Statutes
Guardianships cover personal decisions; conservatorships cover financial management. Both require judicial finding of incapacity. Annual reporting required.
Montana has adopted the Uniform Power of Attorney Act. Powers may be durable and continue through principal's incapacity if stated.
Montana's living will / advance-directive statute. Authorizes declarations to withhold or withdraw life-sustaining treatment for terminal conditions.
Federal 60-month lookback on asset transfers. Montana administers Medicaid through DPHHS with federal matching funds.
APS investigates reports of abuse, neglect, and exploitation of vulnerable adults. Certain professionals are mandated reporters.
Criminal statute penalizing exploitation. Felony penalties escalate based on amount taken and victim's vulnerability.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Montana.
Next step
Move from state law into guided help or attorney search.
If you want help applying this information to your situation, start with guided help or browse attorneys for this issue in Montana.
More in Montana
Other state law topics.
Personal Injury Laws·Criminal Defense Laws·Family Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Wrongful Death Laws·Product Liability Laws·Long-Term Disability & ERISA Laws·Estate Planning Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws