Montana Code Annotated
Part 13. Mental Health Care Advance Directives
53-21-1312. When a directive takes effect -- determination of incapacity

53-21-1312. When a directive takes effect -- determination of incapacity. (1) A directive is valid upon execution but takes effect only upon a determination of incapacity as provided in this part.
(2) A principal, agent, professional person, or health care provider may seek a determination regarding whether the principal is incapacitated or has regained capacity.
(3) For the purpose of triggering the directive, a determination that the principal lacks capacity or has regained capacity must be made by the supervising health care provider.
(4) For the purpose of triggering the directive, a directive may require the concurrence of two health care providers, one of whom must be the supervising health care provider in the determination of incapacity. The directive may require that one of the concurring providers is a psychiatrist or other physician.
(5) The determination of incapacity must consider all factors identified in the directive as evidence of incapacity.
(6) Unless otherwise specified in the directive, the authority of an agent becomes effective upon a determination that the principal lacks capacity and ceases to be effective upon a determination that the principal has regained capacity.
History: En. Sec. 7, Ch. 329, L. 2011.

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