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Montana · Through Montana Code Annotated 2025

50-5-1311: Hierarchy of decisionmaker selection.

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Where this section sits in the code
  1. TITLE 50. HEALTH AND SAFETY
  2. CHAPTER 5. HOSPITALS AND RELATED FACILITIES
  3. Part 13. Proxy Decisionmakers

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.

Collected 2026-09-14T04:56:11Z. Source file · JSON

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