Montana Statutes
§ 50-5-1311 — Hierarchy Of Decisionmaker Selection
Montana·Title 50 HEALTH AND SAFETY·Ch. 5 HOSPITALS AND RELATED FACILITIES·Part 13 Proxy Decisionmakers
50-5-1311 . Hierarchy of decisionmaker selection. When a decisionmaker is needed for a patient who lacks decisional capacity as determined under 50-5-1302 , the decisionmaker must be selected from the following available individuals in the order listed:
(1)a guardian appointed by the patient under 72-5-316 who has medical decisionmaking authority;
(2)an agent appointed by the patient in a medical durable power of attorney or an individual designated by the patient in an advance medical directive;
(3)a spouse of the patient;
(4)an adult child of the patient;
(5)a parent of the patient;
(6)a sibling of the patient;
(7)a trusted decisionmaker designated under 50-5-1310 ;
(8)a close friend of the patient who has a deep understanding of the patient's wishes; and
(9)any other proxy appo
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Legislative History
En. Sec. 2, Ch. 539, L. 2025.
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