Montana Code 53-21-1315. Health care decisions in event of the principal’s protest
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53-21-1315. Health care decisions in event of the principal‘s protest. An agent may make a health care decision over the protest of a principal who lacks capacity if:
Terms Used In Montana Code 53-21-1315
- 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
(1)the directive is irrevocable at times of incapacity;
(2)the directive authorizes the agent to make the health care decision at issue; and
(3)the health care that is to be provided, continued, withheld, or withdrawn is determined and documented by the supervising health care provider to be medically appropriate and is otherwise permitted by law.