Montana Code Annotated 2023



Part 13. Mental Health Care Advance Directives

Scope Of Mental Health Care Advance Directive

53-21-1304. Scope of mental health care advance directive. (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 principal intends to create a directive;

(c) be dated and signed by the principal or at the principal's direction and in the principal's presence if the principal is unable to sign; and

(d) be notarized.

(3) A directive executed in accordance with this part is presumed to be valid. The inability to honor one or more provisions of a directive does not affect the validity of the remaining provisions.

(4) A directive may include any provision relating to mental health treatment, any other medical treatment that may directly or indirectly affect mental health, and the general care of the principal. A directive may include but is not limited to:

(a) instructions for mental health treatment, including medical, behavioral, and social interventions;

(b) consent to specific types of mental health treatment, including medications, other medical treatment, hospitalization, and nonmedical interventions;

(c) refusal to consent to specific types of mental health treatment;

(d) consent to admission to and retention in a facility for mental health treatment;

(e) instructions limiting the revocability of the directive;

(f) descriptions of situations that may cause the principal to experience a mental health crisis;

(g) descriptions of behaviors and other indicators that the principal lacks capacity;

(h) instructions to apply interventions that deescalate crisis behaviors and instructions to avoid interventions that escalate crisis behaviors;

(i) instructions regarding who should or should not be notified of the principal's admission to a treatment facility or be allowed to visit the principal at the facility;

(j) appointment of an agent to make mental health treatment decisions on the principal's behalf; and

(k) the principal's nomination of a guardian, limited guardian, or conservator for consideration by the court if guardianship proceedings are commenced.

History: En. Sec. 4, Ch. 329, L. 2011.