53-21-1332. Decisions by guardian or conservator, MCA

Montana Code Annotated 2017

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 21. MENTALLY ILL

Part 13. Mental Health Care Advance Directives

Decisions By Guardian Or Conservator

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.

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