Montana § 53-21-1312 When A Directive Takes Effect -- Determination Of Incapacity

Montana Statutes

§ 53-21-1312 — When A Directive Takes Effect -- Determination Of Incapacity

Montana § 53-21-1312

Title 53SOCIAL SERVICES AND INSTITUTIONS

Ch. 21MENTALLY ILL

Part 13Mental Health Care Advance Directives

This text of Montana § 53-21-1312 (When A Directive Takes Effect -- Determination Of Incapacity) 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. § 53-21-1312 (2026).

Text

53-21-1312 . When a directive takes effect -- determination of incapacity.

(1)A directive is valid upon execution but takes effect only upon a determination of incapacity as provided in this part.

(2)A principal, agent, professional person, or health care provider may seek a determination regarding whether the principal is incapacitated or has regained capacity.

(3)For the purpose of triggering the directive, a determination that the principal lacks capacity or has regained capacity must be made by the supervising health care provider.

(4)For the purpose of triggering the directive, a directive may require the concurrence of two health care providers, one of whom must be the supervising health care provider in the determination of incapacity. The directive may require that one of the c

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53-21-1312 . When a directive takes effect -- determination of incapacity. (1) A directive is valid upon execution but takes effect only upon a determination of incapacity as provided in this part.
(2) A principal, agent, professional person, or health care provider may seek a determination regarding whether the principal is incapacitated or has regained capacity.
(3) For the purpose of triggering the directive, a determination that the principal lacks capacity or has regained capacity must be made by the supervising health care provider.
(4) For the purpose of triggering the directive, a directive may require the concurrence of two health care providers, one of whom must be the supervising health care provider in the determination of incapacity. The directive may require that one of the concurring providers is a psychiatrist or other physician.
(5) The determination of incapacity must consider all factors identified in the directive as evidence of incapacity.
(6) Unless otherwise specified in the directive, the authority of an agent becomes effective upon a determination that the principal lacks capacity and ceases to be effective upon a determination that the principal has regained capacity.