Montana Code 53-21-1314. Duties of agent
53-21-1314. Duties of agent. (1) An agent shall act in good faith.
Terms Used In Montana Code 53-21-1314
- 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
- Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession. See Montana Code 53-21-1302
- 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
(2)An agent shall make health care decisions in accordance with the principal‘s written instructions or directive if any. When the agent must make decisions not addressed by the written instructions or directive, the agent shall base decisions on the principal’s known wishes and upon the agent’s best judgment about how the principal would decide based on the principal’s own values and experience.
(3)An agent may resign by giving written notice to the principal. If the directive is in effect at the time of the resignation, the agent may resign by giving written notice to the supervising health care provider.