Montana § 53-21-1325 Effect Of Directive On Existing Law

Montana Statutes

§ 53-21-1325 — Effect Of Directive On Existing Law

Montana § 53-21-1325

Title 53SOCIAL SERVICES AND INSTITUTIONS

Ch. 21MENTALLY ILL

Part 13Mental Health Care Advance Directives

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Bluebook

Mont. Code Ann. § 53-21-1325 (2026).

Text

53-21-1325 . Effect of directive on existing law.

(1)A directive does not override other provisions of law including Title 46, chapter 14, Title 53, chapter 21, part 1, and Title 72, chapter 5.

(2)A directive has no legal effect during a period of involuntary inpatient commitment or a period during which a person is subject to a court order for the care, custody, and treatment of the person pursuant to Title 46, chapter 14.

(3)If a principal executes other directives allowed under Montana law, including a living will or other power of attorney, the other directives must be construed as consistent with and may not override the mental health care advance directive.

(4)In addition to a directive executed under this part, a principal may designate an agent for other medical decisionmaking

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53-21-1325 . Effect of directive on existing law. (1) A directive does not override other provisions of law including Title 46, chapter 14, Title 53, chapter 21, part 1, and Title 72, chapter 5.
(2) A directive has no legal effect during a period of involuntary inpatient commitment or a period during which a person is subject to a court order for the care, custody, and treatment of the person pursuant to Title 46, chapter 14.
(3) If a principal executes other directives allowed under Montana law, including a living will or other power of attorney, the other directives must be construed as consistent with and may not override the mental health care advance directive.
(4) In addition to a directive executed under this part, a principal may designate an agent for other medical decisionmaking under 72-5-501 and 72-5-502 .