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Montana · Through Montana Code Annotated 2025

53-21-1332: Decisions by guardian or conservator.

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Where this section sits in the code
  1. TITLE 53. SOCIAL SERVICES AND INSTITUTIONS
  2. CHAPTER 21. MENTALLY ILL
  3. Part 13. Mental Health Care Advance Directives

When a valid directive is in existence at the time of a judicial determination of incapacity and appointment of a guardian or conservator of the principal:

(1) a guardian or conservator shall comply with the instructions in a principal's directive and may not revoke the principal's directive unless the appointing court provides authorization; and

(2) absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian or conservator.

Collected 2026-09-14T04:57:27Z. Source file · JSON

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