Montana § 50-5-1310 - Patient Designation Of Trusted Decisionmaker As Proxy -- Documentation By Attending Health Care Provider -- Limitations On Other Proxies

§ 50-5-1310. Patient Designation Of Trusted Decisionmaker As Proxy -- Documentation By Attending Health Care Provider -- Limitations On Other Proxies

Patient designation of trusted decisionmaker as proxy -- documentation by attending health care provider -- limitations on other proxies. (1) At any time, after admission to a hospital, before an attending health care provider determines that an adult patient lacks decisional capacity under 50-5-1302 , the patient may designate a trusted decisionmaker to make health care decisions on behalf of the patient in the event the patient does not have decisional capacity. (2) (a) The patient may designate a trusted decisionmaker by communicating to the patient's health care provider, or to a health care professional acting under the direction of the patient's health care provider, orally or otherwise, the identity of the individual whom the patient trusts to make health care decisions on the patient's behalf. (b) The health care provider shall ensure that the communication by the patient designating a trusted decisionmaker is witnessed by a third party, who may be another health care professional or who may be a friend or family member of the patient. (3) After the patient designates a trusted decisionmaker, the attending health care provider shall immediately notify the patient's family of the designation and shall document the following information related to the designation in the patient's health record: (a) the identity of the trusted decisionmaker; and (b) contact information of the trusted decisionmaker, to the extent it is available. (4) When an individual is designated as a trusted decisionmaker under this section, an attending health care provider may not seek to select a lay proxy decisionmaker under 50-5-1303 or a medical proxy decisionmaker under 50-5-1304 unless the attending health care provider has made reasonable efforts to contact the trusted decisionmaker and the trusted decisionmaker cannot be contacted. (5) A trusted decisionmaker is designated under this section, and the trusted decisionmaker remains in place until the patient completes an advance directive, completes a medical durable power of attorney, designates another trusted decisionmaker, or is discharged from the hospital.