Montana Code 53-21-1332. Decisions by guardian or conservator
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53-21-1332. Decisions by guardian or conservator. When a valid directive is in existence at the time of a judicial determination of incapacity and appointment of a guardian or conservator of the principal:
Terms Used In Montana Code 53-21-1332
- 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
- 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
(1)a guardian or conservator shall comply with the instructions in a principal’s directive and may not revoke the principal’s directive unless the appointing court provides authorization; and
(2)absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian or conservator.