{"data":{"id":"us-mt/53-21-1304","jurisdiction":"us-mt","citation":"53-21-1304","heading":"Scope of mental health care advance directive.","body":"(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.\n(2) A directive must:\n(a) be in writing;\n(b) contain language that clearly indicates that the principal intends to create a directive;\n(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\n(d) be notarized.\n(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.\n(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:\n(a) instructions for mental health treatment, including medical, behavioral, and social interventions;\n(b) consent to specific types of mental health treatment, including medications, other medical treatment, hospitalization, and nonmedical interventions;\n(c) refusal to consent to specific types of mental health treatment;\n(d) consent to admission to and retention in a facility for mental health treatment;\n(e) instructions limiting the revocability of the directive;\n(f) descriptions of situations that may cause the principal to experience a mental health crisis;\n(g) descriptions of behaviors and other indicators that the principal lacks capacity;\n(h) instructions to apply interventions that deescalate crisis behaviors and instructions to avoid interventions that escalate crisis behaviors;\n(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;\n(j) appointment of an agent to make mental health treatment decisions on the principal's behalf; and\n(k) the principal's nomination of a guardian, limited guardian, or conservator for consideration by the court if guardianship proceedings are commenced.","path":["TITLE 53. SOCIAL SERVICES AND INSTITUTIONS","CHAPTER 21. MENTALLY ILL","Part 13. Mental Health Care Advance Directives"],"source_url":"https://mca.legmt.gov/bills/mca/title_0530/chapter_0210/part_0130/section_0040/0530-0210-0130-0040.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:57:27Z","sha256":"23f26a44ed28e02641e892b39f6f343f6c089d18bb0b15b15d84d3f761104756","source_id":"us-mt","stale":false,"prev":"us-mt/53-21-1303","next":"us-mt/53-21-1305"},"notice":"GroundRules: Original legal text. Not legal advice."}