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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

Guardianship and ConservatorshipMont. Code Ann. § 72-5-101 et seq.

Guardianships cover personal decisions; conservatorships cover financial management. Both require judicial finding of incapacity. Annual reporting required.

Uniform Power of Attorney ActMont. Code Ann. § 72-31-301 et seq.

Montana has adopted the Uniform Power of Attorney Act. Powers may be durable and continue through principal's incapacity if stated.

Rights of the Terminally Ill ActMont. Code Ann. § 50-9-101 et seq.

Montana's living will / advance-directive statute. Authorizes declarations to withhold or withdraw life-sustaining treatment for terminal conditions.

Medicaid Long-Term Care42 U.S.C. § 1396p; Montana DPHHS rules

Federal 60-month lookback on asset transfers. Montana administers Medicaid through DPHHS with federal matching funds.

Adult Protective ServicesMont. Code Ann. § 52-3-801 et seq.

APS investigates reports of abuse, neglect, and exploitation of vulnerable adults. Certain professionals are mandated reporters.

Exploitation of Older Persons or Persons with Developmental DisabilitiesMont. Code Ann. § 52-3-824

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.

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