Montana Code 53-21-1324. Revocation
53-21-1324. Revocation. (1) The principal may revoke a directive in whole or in part orally or in writing at any time unless the directive provides that:
Terms Used In Montana Code 53-21-1324
- 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
- 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.
- 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
- Patient: means a person committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time. See Montana Code 53-21-102
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- 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
- Supervising health care provider: means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who undertakes primary responsibility for a principal's health care. See Montana Code 53-21-1302
- Writing: includes printing. See Montana Code 1-1-203
(a)the directive is not revocable during a period of incapacity; or
(b)the directive is not revocable for a specified period of time after a determination of incapacity.
(2)As allowed by the terms of the directive, the principal may:
(a)revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider; and
(b)revoke other parts of a directive other than the designation of an agent at any time and in any manner that communicates an intent to revoke.
(3)A health care provider, agent, guardian, or conservator who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution where the patient is receiving care.
(4)A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the directive or in a durable power of attorney.
(5)A directive revokes all prior directives unless the newest directive instructs otherwise.