53-21-1332. Decisions by guardian or conservator

MT Code § 53-21-1332 (2019) (N/A)
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53-21-1332. Decisions by guardian or conservator. When a valid directive is in existence at the time of a judicial determination of incapacity and appointment of a guardian or conservator of the principal:

(1) a guardian or conservator shall comply with the instructions in a principal's directive and may not revoke the principal's directive unless the appointing court provides authorization; and

(2) absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian or conservator.

History: En. Sec. 17, Ch. 329, L. 2011.