Terms Used In Montana Code > Title 53 > Chapter 21 > Part 13 - Mental Health Care Advance Directives

• Agent: means a person designated in a directive to make health care decisions for the principal granting power. See Montana Code 53-21-1302
• Commitment: means an order by a court requiring an individual to receive treatment for a mental disorder. See Montana Code 53-21-102
• 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
• Emergency situation: means :

  (a)a situation in which any person is in imminent danger of death or bodily harm from the activity of a person who appears to be suffering from a mental disorder and appears to require commitment; or

  (b)a situation in which any person who appears to be suffering from a mental disorder and appears to require commitment is substantially unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety. See Montana Code 53-21-102

• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• facility: means the state hospital, the Montana mental health nursing care center, or a hospital, a behavioral health inpatient facility, a mental health center, a residential treatment facility, or a residential treatment center licensed or certified by the department that provides treatment to children or adults with a mental disorder. 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.
• 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
• 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. See Montana Code 53-21-1302
• Mental disorder: means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. See Montana Code 53-21-102
• Mental health professional: means :

  (a)a certified professional person;

  (b)a physician licensed under Title 37, chapter 3;

  (c)a clinical professional counselor licensed under Title 37, chapter 39;

  (d)a psychologist licensed under Title 37, chapter 17;

  (e)a clinical social worker licensed under Title 37, chapter 39;

  (f)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

  (g)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

  (h)a marriage and family therapist licensed under Title 37, chapter 39. See Montana Code 53-21-102

• Patient: means a person committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time. See Montana Code 53-21-102
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• 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}
• 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
• 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

• 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
• 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. See Montana Code 53-21-1302
• Writing: includes printing. See Montana Code 1-1-203