50-5-1311. Hierarchy of decisionmaker selection, MCA

Montana Code Annotated 2025

TITLE 50. HEALTH AND SAFETY

CHAPTER 5. HOSPITALS AND RELATED FACILITIES

Part 13. Proxy Decisionmakers

Hierarchy Of Decisionmaker Selection

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.

History: En. Sec. 2, Ch. 539, L. 2025.