53-21-1301. Purpose. The purpose of this part is to:
(1) promote more timely, informed, compassionate, and effective mental health care;
(2) recognize the right of any person who has capacity to give or withhold informed consent for mental health services;
(3) prevent unnecessary delays in receiving care for a mental disorder in times of impending or actual crisis;
(4) allow a person with mental illness to provide the legal authority for provision of health care during a period of incapacity, even over the person's own protest;
(5) reduce the use of costly legal interventions, including emergency detentions, civil commitment, involuntary medication, and guardianship;
(6) minimize the impacts of crisis on people, families, communities, and providers; and
(7) support the relationship between the provider and the patient by promoting thoughtful, constructive, and timely communication.
History: En. Sec. 1, Ch. 329, L. 2011.
Structure Montana Code Annotated
Title 53. Social Services and Institutions
Part 13. Mental Health Care Advance Directives
53-21-1303. Presumption of capacity
53-21-1304. Scope of mental health care advance directive
53-21-1305. Validity of appointment of agent
53-21-1306. through 53-21-1310 reserved
53-21-1311. Prohibited elements
53-21-1312. When a directive takes effect -- determination of incapacity
53-21-1313. Provider of mental health services
53-21-1315. Health care decisions in event of the principal's protest
53-21-1316. through 53-21-1320 reserved
53-21-1321. Explicit authorization required for certain treatment
53-21-1322. Authorization for admission to inpatient treatment -- effect of directive
53-21-1325. Effect of directive on existing law
53-21-1326. through 53-21-1330 reserved
53-21-1331. Nomination of guardian or conservator
53-21-1332. Decisions by guardian or conservator