Montana Code Annotated
Part 1. Treatment
53-20-114. Appointment of responsible person

53-20-114. Appointment of responsible person. (1) In a proceeding under this part, the court shall appoint a responsible person to protect the interests of the respondent if the court determines:
(a) that a conflict of interest may exist between the respondent and the respondent's parents or guardian;
(b) that the parents or guardian are unable to protect the interests of the respondent; or
(c) that the respondent has no parent or guardian.
(2) The responsible person may not be an employee of a residential facility.
(3) Only one person may be the responsible person within the meaning of this part.
(4) In appointing a responsible person, the court shall consider the preference of the respondent. The court may at any time, for good cause shown, change its designation of who is the responsible person.
(5) The appointment of the responsible person must terminate at the time of the resident's discharge from the residential facility. The appointment of the responsible person may not terminate during any period of conditional release from the facility.
History: En. 38-1202 by Sec. 2, Ch. 468, L. 1975; amd. Sec. 4, Ch. 37, L. 1977; amd. Sec. 1, Ch. 568, L. 1977; R.C.M. 1947, 38-1202(part); amd. Sec. 2, Ch. 485, L. 1979; amd. Sec. 7, Ch. 255, L. 1995.

Structure Montana Code Annotated

Montana Code Annotated

Title 53. Social Services and Institutions

Chapter 20. Developmental Disabilities

Part 1. Treatment

53-20-101. Purpose

53-20-102. Definitions

53-20-103. Residential institution to meet standards

53-20-104. Powers and duties of mental disabilities board of visitors

53-20-105. Repealed

53-20-106. Certification of developmental disabilities professionals

53-20-107. Department to compile list of qualified developmental disabilities professionals

53-20-108. and 53-20-109 reserved

53-20-110. Community treatment plan -- elements -- placement

53-20-111. Repealed

53-20-112. Procedural rights -- appointment of counsel

53-20-113. Waiver of rights

53-20-114. Appointment of responsible person

53-20-115. Repealed

53-20-116. Residential facility screening team member -- testimony at hearing

53-20-117. Repealed

53-20-118. Venue for hearing

53-20-119. Appeal procedure

53-20-120. Repealed

53-20-121. Petition for involuntary treatment -- contents of

53-20-122. Repealed

53-20-123. Repealed

53-20-124. Repealed

53-20-125. Outcome of screening -- recommendation for commitment or imposition of community treatment plan -- hearing

53-20-126. Maximum period of commitment or treatment plan

53-20-127. Transfer to another facility -- release to community-based alternative -- hearing

53-20-128. Recommitment -- extension of community treatment plan

53-20-129. Emergency admission and commitment

53-20-130. Patient transfers from mental health facilities

53-20-131. Placement in nonstate facility

53-20-132. Court-ordered placement in community-based services prohibited except through statutory process

53-20-133. Residential facility screening team -- referral by court -- membership -- rules

53-20-134. Court records to be kept separate -- sealed -- names omitted

53-20-135. through 53-20-139 reserved

53-20-140. Amendment to commitment order or treatment plan -- emergency amendment

53-20-141. Denial of legal rights

53-20-142. Rights while in residential facility

53-20-143. Right not to be fingerprinted

53-20-144. Rights concerning photographs

53-20-145. Right to be free from unnecessary or excessive medication

53-20-146. Right not to be subjected to certain treatment procedures

53-20-147. Right not to be subjected to experimental research

53-20-148. Right to habilitation

53-20-149. through 53-20-160 reserved

53-20-161. Maintenance of records

53-20-162. Training for resident care workers

53-20-163. Abuse of residents prohibited

53-20-164. Resident labor

53-20-165. Clothing for residents discharged or conditionally released

53-20-166. through 53-20-170 reserved

53-20-171. Terminated

53-20-172. Dual eligibility for services