53-21-1332. Decisions by guardian or conservator. When a valid directive is in existence at the time of a judicial determination of incapacity and appointment of a guardian or conservator of the principal:
(1) a guardian or conservator shall comply with the instructions in a principal's directive and may not revoke the principal's directive unless the appointing court provides authorization; and
(2) absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian or conservator.
History: En. Sec. 17, 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