50-5-705. Noninterference with powers of existing health care directives. (1) Nothing in this part may be construed to interfere with the rights of an agent operating under a valid health care directive.

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Terms Used In Montana Code 50-5-705

  • Lay caregiver: means an individual designated as a lay caregiver by a patient or the patient's legal representative to provide aftercare to a patient in the patient's residence. See Montana Code 50-5-701
  • Legal representative: means :

    (a)a legal guardian;

    (b)a person who holds a medical power of attorney; or

    (c)a representative named in an advance health care directive recognized under Montana law or the law of another state. See Montana Code 50-5-701

(2)Designation as a lay caregiver by itself does not:

(a)constitute designation as a legal representative; or

(b)authorize the lay caregiver to make health care decisions on behalf of the patient.