Montana Code 53-21-1303. Presumption of capacity
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53-21-1303. Presumption of capacity. (1) A person is presumed to have capacity to make a health care decision and to create or revoke a directive.
Terms Used In Montana Code 53-21-1303
- Directive: means a mental health care advance directive or any part of a mental health care advance directive. See Montana Code 53-21-1302
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)This part does not affect the right of a person to make health care decisions while having capacity to do so.