Montana Code 53-21-1302. Definitions
53-21-1302. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 53-21-1302
- Agent: means a person designated in a directive to make health care decisions for the principal granting power. See Montana Code 53-21-1302
- Court: means any district court of the state of Montana. See Montana Code 53-21-102
- Directive: means a mental health care advance directive or any part of a mental health care advance directive. See Montana Code 53-21-1302
- Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession. See Montana Code 53-21-1302
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Principal: means a person who executes a directive, whether or not that directive designates an agent to make health care decisions. See Montana Code 53-21-1302
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Agent” means a person designated in a directive to make health care decisions for the principal granting power.
(2)”Capacity” is the ability of a person to understand the significant benefits and risks of and alternatives to proposed health care and to make and communicate a health care decision.
(3)”Directive” means a mental health care advance directive or any part of a mental health care advance directive.
(4)”Health care provider” means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession.
(5)”Incapacitated” means that a person is determined by the supervising health care provider or a court to lack the ability to give or withhold consent for medical care.
(6)”Principal” means a person who executes a directive, whether or not that directive designates an agent to make health care decisions.
(7)”Supervising health care provider” means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who undertakes primary responsibility for a principal’s health care.