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Bill would let patients verbally name a ‘trusted decision maker’ in medical chart when they still have capacity

March 01, 2025 | 2025 Legislature MT, Montana


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Bill would let patients verbally name a ‘trusted decision maker’ in medical chart when they still have capacity
Representative Melody Cunningham (House District 97) introduced House Bill 825, which would allow patients to verbally designate a “trusted decision maker” to be recorded in the medical chart by a clinician. The designation would persist until the patient completes an advance directive or durable power of attorney or replaces the trusted decision maker.

Cunningham and supporting witnesses described the change as filling a gap when patients come to care settings without formal paperwork. The Montana Medical Association supported the bill, with Jean Branscum saying the proposal creates a practical, short‑term tool that complements, but does not replace, a durable power of attorney or advance directive.

Physician Christopher Johns, a palliative‑care specialist, described routine clinical situations where patients lack formal proxies but have a clearly identified neighbor or friend who knows their values. Johns told the committee that completing an advance directive is often a multi‑step process many patients never complete; he said the trusted‑decision‑maker pathway would reduce delays in care planning.

No opponents testified. Committee members asked about implementation and whether standardized forms should be used; the sponsor said the record entry could be a narrative of the conversation and could be standardized later.

Executive action: The committee voted HB 825 out of committee on a roll call; staff recorded the roll call tabulation in the minutes and the bill will advance to the House floor.

Ending: Supporters urged the committee to adopt the bill as a practical tool to protect patients’ preferences when a formal advance directive has not been completed.

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