Montana § 53-21-1304 Scope Of Mental Health Care Advance Directive

Montana Statutes

§ 53-21-1304 — Scope Of Mental Health Care Advance Directive

Montana § 53-21-1304

Title 53SOCIAL SERVICES AND INSTITUTIONS

Ch. 21MENTALLY ILL

Part 13Mental Health Care Advance Directives

This text of Montana § 53-21-1304 (Scope Of Mental Health Care Advance Directive) 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. § 53-21-1304 (2026).

Text

53-21-1304 . Scope of mental health care advance directive.

(1)An adult with capacity may execute a directive. A minor at least 16 years of age with capacity or an emancipated minor as defined in 41-1-401 with capacity may execute a directive.

(2)A directive must:

(a)be in writing;

(b)contain language that clearly indicates that the principal intends to create a directive;

(c)be dated and signed by the principal or at the principal's direction and in the principal's presence if the principal is unable to sign; and

(d)be notarized.

(3)A directive executed in accordance with this part is presumed to be valid. The inability to honor one or more provisions of a directive does not affect the validity of the remaining provisions.

(4)A directive may include any provision relating to menta

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53-21-1304 . Scope of mental health care advance directive. (1) An adult with capacity may execute a directive. A minor at least 16 years of age with capacity or an emancipated minor as defined in 41-1-401 with capacity may execute a directive.
(2) A directive must:
(a) be in writing;
(b) contain language that clearly indicates that the principal intends to create a directive;
(c) be dated and signed by the principal or at the principal's direction and in the principal's presence if the principal is unable to sign; and
(d) be notarized.
(3) A directive executed in accordance with this part is presumed to be valid. The inability to honor one or more provisions of a directive does not affect the validity of the remaining provisions.
(4) A directive may include any provision relating to mental health treatment, any other medical treatment that may directly or indirectly affect mental health, and the general care of the principal. A directive may include but is not limited to:
(a) instructions for mental health treatment, including medical, behavioral, and social interventions;
(b) consent to specific types of mental health treatment, including medications, other medical treatment, hospitalization, and nonmedical interventions;
(c) refusal to consent to specific types of mental health treatment;
(d) consent to admission to and retention in a facility for mental health treatment;
(e) instructions limiting the revocability of the directive;
(f) descriptions of situations that may cause the principal to experience a mental health crisis;
(g) descriptions of behaviors and other indicators that the principal lacks capacity;
(h) instructions to apply interventions that deescalate crisis behaviors and instructions to avoid interventions that escalate crisis behaviors;
(i) instructions regarding who should or should not be notified of the principal's admission to a treatment facility or be allowed to visit the principal at the facility;
(j) appointment of an agent to make mental health treatment decisions on the principal's behalf; and
(k) the principal's nomination of a guardian, limited guardian, or conservator for consideration by the court if guardianship proceedings are commenced.