Montana Code 50-5-1303. Notification to interested persons — selection of proxy decisionmaker
50-5-1303. Notification to interested persons — selection of proxy decisionmaker. (1) Upon a determination that an adult patient lacks decisional capacity, an attending health care provider or the provider’s designee shall make reasonable efforts to notify the patient of:
Terms Used In Montana Code 50-5-1303
- Adult: means any person 18 years of age or older. See Montana Code 50-5-1301
- Attending health care provider: means the physician, advanced practice registered nurse, or physician assistant, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. See Montana Code 50-5-1301
- Decisional capacity: means the ability to provide informed consent to or refuse medical treatment or the ability to make an informed health care decision as determined by a health care provider experienced in this type of assessment. See Montana Code 50-5-1301
- Health care provider: means any individual licensed or certified by the state to provide health care. See Montana Code 50-5-1301
- Interested person: means a patient's:
(a)spouse;
(b)parent;
(c)adult child, sibling, or grandchild; or
(d)close friend. See Montana Code 50-5-1301
- Lay proxy decisionmaker: means an interested person selected pursuant to this part authorized to make medical decisions and discharge and transfer dispositions for a patient who lacks decisional capacity. See Montana Code 50-5-1301
- Medical proxy decisionmaker: means a physician or advanced practice registered nurse designated by the attending health care provider. See Montana Code 50-5-1301
(a)the determination that the patient lacks decisional capacity; and
(b)the identity of a lay or medical proxy decisionmaker selected or appointed pursuant to this part.
(2)An attending health care provider or the provider’s designee shall make reasonable efforts to locate and notify as many interested persons as practicable to inform them of the patient’s lack of decisional capacity and ask that a lay proxy decisionmaker be selected for the patient.
(3)The attending health care provider may rely on interested persons contacted by the provider or the provider’s designee to notify other family members or interested persons.
(4)Interested persons who are informed of the patient’s lack of decisional capacity shall make reasonable efforts to reach a consensus as to who among them will make medical treatment decisions on behalf of the patient. In selecting a lay proxy decisionmaker, the interested persons should consider which proposed decisionmaker:
(a)has a close relationship with the patient; and
(b)is most likely to have current knowledge of the patient’s wishes regarding medical treatment.
(5)Nothing in this section precludes an interested person from initiating a guardianship proceeding for any reason at any time.