An emergency telephone mounted on a wall for quick access

Montana is a unique case: medical aid in dying is legally available, but not because of a statute passed by the legislature.

The general eligibility framework

What's specific to Montana

In the 2009 case Baxter v. Montana, the Montana Supreme Court ruled that a terminally ill, mentally competent adult's consent to receive aid in dying gives a physician a legal defense against a homicide charge under existing state law. That's meaningfully different from the other jurisdictions on this list, which have detailed statutes spelling out waiting periods, reporting requirements, and standard forms. Montana has no comparable statewide regulatory framework or official reporting system, so the practical process — including what documentation a given hospital or physician requires — can vary more from one provider to the next. If you're in Montana, this is a case where talking directly with a physician experienced in end-of-life care, or a local elder-law attorney, matters more than it might in a state with a detailed statute.

For solo agers in particular, this is worth thinking through well before a crisis: the process typically unfolds over days or weeks, not in a single appointment, and usually involves your primary physician, a specialist confirming the diagnosis, and often a hospice or palliative care team. If you don't have a spouse or adult child nearby, make sure whoever holds your health care proxy and anyone on your care team knows your wishes ahead of time — and that your state-specific paperwork, once completed, is stored somewhere they can actually find it.

Because Montana's framework comes from a court ruling rather than a statute, start with a local elder-law attorney or your physician rather than expecting a standardized state process.
This page is general information, not medical or legal advice, and is not a substitute for guidance from a physician or an elder-law attorney familiar with current rules in Montana. Medical aid-in-dying law is an active area of legislation and litigation — confirm current eligibility, timelines, and procedures with a physician experienced in end-of-life care (Montana has no dedicated state health department program for this, since it operates under a court ruling rather than a statute) or a local attorney before making any decisions.