Montana Code 53-21-119. Waiver of rights
53-21-119. Waiver of rights. (1) A person may waive the person’s rights, or if the person is not capable of making an intentional and knowing decision, these rights may be waived by the person’s counsel and friend of respondent, if a friend of respondent is appointed, acting together if a record is made of the reasons for the waiver. The right to counsel may not be waived. The right to treatment provided for in this part may not be waived.
Terms Used In Montana Code 53-21-119
- Court: means any district court of the state of Montana. See Montana Code 53-21-102
- Friend of respondent: means any person willing and able to assist a person suffering from a mental disorder and requiring commitment or a person alleged to be suffering from a mental disorder and requiring commitment in dealing with legal proceedings, including consultation with legal counsel and others. See Montana Code 53-21-102
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Professional person: means :
(a)a medical doctor;
(b)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;
(c)a licensed psychologist;
(d)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or
(e)a person who has been certified, as provided for in 53-21-106, by the department. See Montana Code 53-21-102
- Respondent: means a person alleged in a petition filed pursuant to this part to be suffering from a mental disorder and requiring commitment. See Montana Code 53-21-102
(2)The right of the respondent to be physically present at a hearing may also be waived by the respondent’s attorney and the friend of respondent with the concurrence of the professional person and the judge upon a finding supported by facts that:
(a)(i) the presence of the respondent at the hearing would be likely to seriously adversely affect the respondent’s mental condition; and
(ii)an alternative location for the hearing in surroundings familiar to the respondent would not prevent the adverse effects on the respondent’s mental condition; or
(b)the respondent has voluntarily expressed a desire to waive the respondent’s presence at the hearing.
(3)(a) In the case of a minor, provided that a record is made of the reasons for the waiver, the minor’s rights may be waived by the mutual consent of the minor’s counsel and parents or guardian or guardian ad litem if there are no parents or guardian.
(b)If there is an apparent conflict of interest between a minor and the minor’s parents or guardian, the court shall appoint a guardian ad litem for the minor.