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
Title 53. Social Services and Institutions
Chapter 20. Developmental Disabilities
53-20-103. Residential institution to meet standards
53-20-104. Powers and duties of mental disabilities board of visitors
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
53-20-112. Procedural rights -- appointment of counsel
53-20-114. Appointment of responsible person
53-20-116. Residential facility screening team member -- testimony at hearing
53-20-121. Petition for involuntary treatment -- contents of
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
53-20-133. 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
53-20-165. Clothing for residents discharged or conditionally released