Montana Code 53-21-1304. Scope of mental health care advance directive
53-21-1304. Scope of mental health care advance directive. (1) An adult with capacity may execute a directive. A minor at least 16 years of age with capacity or an emancipated minor as defined in 41-1-401 with capacity may execute a directive.
Terms Used In Montana Code 53-21-1304
- Agent: means a person designated in a directive to make health care decisions for the principal granting power. See Montana Code 53-21-1302
- Court: means any district court of the state of Montana. See Montana Code 53-21-102
- Directive: means a mental health care advance directive or any part of a mental health care advance directive. See Montana Code 53-21-1302
- facility: means the state hospital, the Montana mental health nursing care center, or a hospital, a behavioral health inpatient facility, a mental health center, a residential treatment facility, or a residential treatment center licensed or certified by the department that provides treatment to children or adults with a mental disorder. See Montana Code 53-21-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Principal: means a person who executes a directive, whether or not that directive designates an agent to make health care decisions. See Montana Code 53-21-1302
- Writing: includes printing. See Montana Code 1-1-203
(2)A directive must:
(a)be in writing;
(b)contain language that clearly indicates that the principal intends to create a directive;
(c)be dated and signed by the principal or at the principal’s direction and in the principal’s presence if the principal is unable to sign; and
(d)be notarized.
(3)A directive executed in accordance with this part is presumed to be valid. The inability to honor one or more provisions of a directive does not affect the validity of the remaining provisions.
(4)A directive may include any provision relating to mental health treatment, any other medical treatment that may directly or indirectly affect mental health, and the general care of the principal. A directive may include but is not limited to:
(a)instructions for mental health treatment, including medical, behavioral, and social interventions;
(b)consent to specific types of mental health treatment, including medications, other medical treatment, hospitalization, and nonmedical interventions;
(c)refusal to consent to specific types of mental health treatment;
(d)consent to admission to and retention in a facility for mental health treatment;
(e)instructions limiting the revocability of the directive;
(f)descriptions of situations that may cause the principal to experience a mental health crisis;
(g)descriptions of behaviors and other indicators that the principal lacks capacity;
(h)instructions to apply interventions that deescalate crisis behaviors and instructions to avoid interventions that escalate crisis behaviors;
(i)instructions regarding who should or should not be notified of the principal’s admission to a treatment facility or be allowed to visit the principal at the facility;
(j)appointment of an agent to make mental health treatment decisions on the principal’s behalf; and
(k)the principal’s nomination of a guardian, limited guardian, or conservator for consideration by the court if guardianship proceedings are commenced.