53-21-1315. Health care decisions in event of the principal's protest. An agent may make a health care decision over the protest of a principal who lacks capacity if:
(1) the directive is irrevocable at times of incapacity;
(2) the directive authorizes the agent to make the health care decision at issue; and
(3) the health care that is to be provided, continued, withheld, or withdrawn is determined and documented by the supervising health care provider to be medically appropriate and is otherwise permitted by law.
History: En. Sec. 10, 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