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Code · Montana · Title 53 — Social Services and Institutions · Chapter 21 · Part 13

53-21-1324. Revocation.

205 words·~1 min read·/mt/title-53/chapter-21/part-13/53-21-1324

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53-21-1324 . Revocation.
(1)The principal may revoke a directive in whole or in part orally or in writing at any time unless the directive provides that:
(a)the directive is not revocable during a period of incapacity; or
(b)the directive is not revocable for a specified period of time after a determination of incapacity.
(2)As allowed by the terms of the directive, the principal may:
(a)revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider; and
(b)revoke other parts of a directive other than the designation of an agent at any time and in any manner that communicates an intent to revoke.
(3)A health care provider, agent, guardian, or conservator who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution where the patient is receiving care.
(4)A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the directive or in a durable power of attorney.
(5)A directive revokes all prior directives unless the newest directive instructs otherwise.
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