Terms Used In Montana Code > Title 50 > Chapter 5 > Part 13 - Proxy Decisionmakers

• Adult: means any person 18 years of age or older. See Montana Code 50-5-1301
• Advanced practice registered nurse: means an individual who is licensed under Title 37, chapter 8, to practice professional nursing in this state and who has fulfilled the requirements of the board of nursing pursuant to 37-8-202 and 37-8-409. See Montana Code 50-5-1301
• 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 facility: means a hospital, critical access hospital, rural emergency hospital, or facility providing skilled nursing care as those terms are defined in 50-5-101. See Montana Code 50-5-1301
• 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

• Lay proxy decisionmaker: means an interested person selected pursuant to this part authorized to make medical decisions and discharge and transfer dispositions for a patient who lacks decisional capacity. 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
• Physician: means an individual licensed pursuant to Title 37, chapter 3. See Montana Code 50-5-1301
• Physician assistant: means an individual licensed pursuant to Title 37, chapter 20. See Montana Code 50-5-1301
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• 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