53-21-1305. Validity of appointment of agent. If the directive appoints an agent, the agent may accept the appointment by signing the directive. The agent’s signature does not have to be witnessed, notarized, or otherwise validated. The lack of agent’s signature does not affect the validity of the directive. The directive may provide for one or more alternate agents. The authority of the agent is in effect only after a determination of incapacity as provided in this part and only for as long as the period of incapacity.

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Terms Used In Montana Code 53-21-1305

  • Agent: means a person designated in a directive to make health care decisions for the principal granting power. See Montana Code 53-21-1302
  • Directive: means a mental health care advance directive or any part of a mental health care advance directive. See Montana Code 53-21-1302