50-9-205. Effect on insurance -- patient's decision. - Montana Statutes

     50-9-205. Effect on insurance -- patient's decision. (1) Death resulting from the withholding or withdrawal of life-sustaining treatment in accordance with this chapter does not constitute, for any purpose, a suicide or homicide.
     (2) The making of a declaration pursuant to 50-9-103 does not affect the sale, procurement, or issuance of any policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance. A policy of life insurance is not legally impaired or invalidated by the withholding or withdrawal of life-sustaining treatment from an insured, notwithstanding any term of the policy to the contrary.
     (3) A person may not prohibit or require the execution of a declaration as a condition for being insured for or receiving health care services.
     (4) This chapter does not create a presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withholding, or withdrawal of life-sustaining treatment in the event of a terminal condition.
     (5) This chapter does not affect the right of a patient to make decisions regarding use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede a right or responsibility that any person has to effect the withholding or withdrawal of medical care.
     (6) This chapter does not require a health care provider to take action contrary to reasonable medical standards.
     (7) This chapter does not condone, authorize, or approve mercy killing or euthanasia.

     History: En. Sec. 10, Ch. 369, L. 1985; amd. Sec. 9, Ch. 391, L. 1991; amd. Sec. 11, Ch. 240, L. 2003.