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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Montana Title 50. Health and Safety § 50-5-1311. Hierarchy of decisionmaker selection - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-50-health-and-safety/mt-code-ann-sect-50-5-1311/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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