2019 Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 17. Anatomical Gift Act
Part 2. Execution and Operation of Anatomical Gift
72-17-216. Anatomical gifts -- advance health care directive

Universal Citation: MT Code § 72-17-216 (2019)

72-17-216. Anatomical gifts -- advance health care directive. (1) For the purposes of this section, the following definitions apply:

(a) "Advance health care directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor.

(b) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.

(c) "Health care decision" means any decision made regarding the health care of the prospective donor.

(2) If a prospective donor who is in a health care facility has a declaration or advance health care directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor unless the declaration expressly provides to the contrary.

History: En. Sec. 13, Ch. 345, L. 2007.

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