Montana § 50-5-1311 Hierarchy Of Decisionmaker Selection

Montana Statutes

§ 50-5-1311 — Hierarchy Of Decisionmaker Selection

Montana § 50-5-1311

Title 50HEALTH AND SAFETY

Ch. 5HOSPITALS AND RELATED FACILITIES

Part 13Proxy Decisionmakers

This text of Montana § 50-5-1311 (Hierarchy Of Decisionmaker Selection) 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. § 50-5-1311 (2026).

Text

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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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 appointed under Title 50, chapter 5, part 13.