™Your Policy Risk Impact Agent
19 chapters · 716 sections in this title.
Mont. Code Ann. § 53-21-1302 Definitions
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As used in this part, the following definitions apply: (1) "Agent" means a person designated in a directive to make health care decisions for the principal granting power. (2) "Capacity" is the ability of a person to understand the significant benefits and risks of and alternativ…
Mont. Code Ann. § 53-21-1303 Presumption Of Capacity
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(1) A person is presumed to have capacity to make a health care decision and to create or revoke a directive. (2) This part does not affect the right of a person to make health care decisions while having capacity to do so.
Mont. Code Ann. § 53-21-1304 Scope Of Mental Health Care Advance Directive
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(1) An adult with capacity may execute a directive. A minor at least 16 years of age with capacity or an emancipated minor as defined in 41-1-401 with capacity may execute a directive. (2) A directive must: (a) be in writing; (b) contain language that clearly indicates that the p…
Mont. Code Ann. § 53-21-1305 Validity Of Appointment Of Agent
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If the directive appoints an agent, the agent may accept the appointment by signing the directive. The agent's signature does not have to be witnessed, notarized, or otherwise validated. The lack of agent's signature does not affect the validity of the directive. The directive ma…