50-9-106. Consent by others to withholding or withdrawal of treatment. (1) If a written consent to the withholding or withdrawal of the treatment, witnessed by two individuals, is given to the attending physician or attending advanced practice registered nurse, the attending physician or attending advanced practice registered nurse may withhold or withdraw life-sustaining treatment from an individual who:
(a) has been determined by the attending physician or attending advanced practice registered nurse to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment; and
(b) has no effective declaration.
(2) The authority to consent or to withhold consent under subsection (1) may be exercised by the following individuals, in order of priority:
(a) the spouse of the individual;
(b) an adult child of the individual or, if there is more than one adult child, a majority of the adult children who are reasonably available for consultation;
(c) the parents of the individual;
(d) an adult sibling of the individual or, if there is more than one adult sibling, a majority of the adult siblings who are reasonably available for consultation; or
(e) the nearest other adult relative of the individual by blood or adoption who is reasonably available for consultation.
(3) A full guardian may consent or withhold consent under subsection (1) as provided in 72-5-321.
(4) If a class entitled to decide whether to consent is not reasonably available for consultation and competent to decide or if it declines to decide, the next class is authorized to decide. However, an equal division in a class does not authorize the next class to decide.
(5) A decision to grant or withhold consent must be made in good faith. A consent is not valid if it conflicts with the expressed intention of the individual.
(6) A decision of the attending physician or attending advanced practice registered nurse acting in good faith that a consent is valid or invalid is conclusive.
(7) Life-sustaining treatment cannot be withheld or withdrawn pursuant to this section from an individual known to the attending physician or attending advanced practice registered nurse to be pregnant so long as it is probable that the fetus will develop to the point of live birth with continued application of life-sustaining treatment.
History: En. Sec. 12, Ch. 391, L. 1991; amd. Sec. 5, Ch. 240, L. 2003; amd. Sec. 1, Ch. 480, L. 2007.
Structure Montana Code Annotated
Chapter 9. Rights of the Terminally Ill Act
50-9-103. Declaration relating to use of life-sustaining treatment -- designee
50-9-104. Revocation of declaration
50-9-105. When declaration operative
50-9-106. Consent by others to withholding or withdrawal of treatment
50-9-107. When health care provider may presume validity of declaration
50-9-108. Effect of previous declaration
50-9-110. Authority to adopt rules
50-9-111. Recognition of declarations executed in other states