Montana Code 50-5-1307. Redetermination of authority of lay or medical proxy decisionmaker
50-5-1307. Redetermination of authority of lay or medical proxy decisionmaker. The attending health care provider of a patient for whom a lay or medical proxy decisionmaker has been named shall reexamine the patient and determine whether the patient has regained decisional capacity if the patient or an interested person, guardian, attending health care provider, or the lay or medical proxy decisionmaker believes the patient has regained decisional capacity. The attending health care provider shall enter the determination and the basis for the determination into the patient’s medical record and shall notify the patient, the lay or medical proxy decisionmaker, and the person who requested the redetermination of decisional capacity, if the request was made by someone other than the patient or proxy decisionmaker.
Terms Used In Montana Code 50-5-1307
- Attending health care provider: means the physician, advanced practice registered nurse, or physician assistant, whether selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. See Montana Code 50-5-1301
- Decisional capacity: means the ability to provide informed consent to or refuse medical treatment or the ability to make an informed health care decision as determined by a health care provider experienced in this type of assessment. See Montana Code 50-5-1301
- 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.
- Health care provider: means any individual licensed or certified by the state to provide health care. See Montana Code 50-5-1301
- Interested person: means a patient's:
(a)spouse;
(b)parent;
(c)adult child, sibling, or grandchild; or
(d)close friend. See Montana Code 50-5-1301
- Medical proxy decisionmaker: means a physician or advanced practice registered nurse designated by the attending health care provider. See Montana Code 50-5-1301
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201