Montana Statutes

§ 53-21-1332 — Decisions By Guardian Or Conservator

Montana·Title 53 SOCIAL SERVICES AND INSTITUTIONS·Ch. 21 MENTALLY ILL·Part 13 Mental Health Care Advance Directives

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.

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Legislative History

En. Sec. 17, Ch. 329, L. 2011.

Nearby Sections

15
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