Montana Code 53-20-113. Waiver of rights
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53-20-113. Waiver of rights. (1) A respondent may waive the respondent’s procedural rights provided that the waiver is knowingly and intentionally made.
Terms Used In Montana Code 53-20-113
- Court: means a district court of the state of Montana. See Montana Code 53-20-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Habilitation: means the process by which a person who has a developmental disability is assisted in acquiring and maintaining those life skills that enable the person to cope more effectively with personal needs and the demands of the environment and in raising the level of the person's physical, mental, and social efficiency. See Montana Code 53-20-102
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Respondent: means a person alleged in a petition filed pursuant to this part to be seriously developmentally disabled and for whom the petition requests commitment to a residential facility or imposition of a community treatment plan. See Montana Code 53-20-102
- Responsible person: means a person willing and able to assume responsibility for a person who is seriously developmentally disabled or alleged to be seriously developmentally disabled. See Montana Code 53-20-102
(2)The right to counsel in a hearing held pursuant to 53-20-125 may not be waived.
(3)The right to habilitation provided for in this part may not be waived.
(4)A respondent may knowingly and intentionally waive the respondent’s rights only with the concurrence of the respondent’s counsel, if any, or, if the respondent has no counsel, the respondent’s parents, guardian, or other responsible person appointed by the court.