Montana § 53-21-1302 Definitions

Montana Statutes

§ 53-21-1302 — Definitions

Montana § 53-21-1302

Title 53SOCIAL SERVICES AND INSTITUTIONS

Ch. 21MENTALLY ILL

Part 13Mental Health Care Advance Directives

This text of Montana § 53-21-1302 (Definitions) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 53-21-1302 (2026).

Text

53-21-1302 . Definitions. As used in this part, the following definitions apply:

(1)"Agent" means a person designated in a directive to make health care decisions for the principal granting power.

(2)"Capacity" is the ability of a person to understand the significant benefits and risks of and alternatives to proposed health care and to make and communicate a health care decision.

(3)"Directive" means a mental health care advance directive or any part of a mental health care advance directive.

(4)"Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession.

(5)"Incapacitated" means that a person is determined by the supervising health care prov

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53-21-1302 . Definitions. As used in this part, the following definitions apply:
(1) "Agent" means a person designated in a directive to make health care decisions for the principal granting power.
(2) "Capacity" is the ability of a person to understand the significant benefits and risks of and alternatives to proposed health care and to make and communicate a health care decision.
(3) "Directive" means a mental health care advance directive or any part of a mental health care advance directive.
(4) "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession.
(5) "Incapacitated" means that a person is determined by the supervising health care provider or a court to lack the ability to give or withhold consent for medical care.
(6) "Principal" means a person who executes a directive, whether or not that directive designates an agent to make health care decisions.
(7) "Supervising health care provider" means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who undertakes primary responsibility for a principal's health care.