68-11-1812 - Presumption of capacity.

68-11-1812. Presumption of capacity.

(a)  This part does not affect the right of an individual to make health care decisions while having capacity to do so.

(b)  An individual is presumed to have capacity to make a health care decision, to give or revoke an advance directive, and to designate or disqualify a surrogate.

[Acts 2004, ch. 862, § 1.]