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

Montana Code Annotated 2017

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 21. MENTALLY ILL

Part 13. Mental Health Care Advance Directives

Effect Of Directive On Existing Law

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.

History: En. Sec. 15, Ch. 329, L. 2011.