53-21-1314. Duties of agent. (1) An agent shall act in good faith.
(2) An agent shall make health care decisions in accordance with the principal's written instructions or directive if any. When the agent must make decisions not addressed by the written instructions or directive, the agent shall base decisions on the principal's known wishes and upon the agent's best judgment about how the principal would decide based on the principal's own values and experience.
(3) An agent may resign by giving written notice to the principal. If the directive is in effect at the time of the resignation, the agent may resign by giving written notice to the supervising health care provider.
History: En. Sec. 9, 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
53-21-1314. Duties of agent
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