18-A §5-811. Capacity

Title 18-A: PROBATE CODE

Article 5: PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

Part 8: UNIFORM HEALTH-CARE DECISIONS ACT HEADING: PL 1995, C. 378, PT. A, §1 (NEW)

§5-811. Capacity

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

[ 1995, c. 378, Pt. A, §1 (NEW) .]

(b). An individual is presumed to have capacity to make a health-care decision, to give or revoke an advance health-care directive and to designate or disqualify a surrogate. This presumption may be rebutted by a determination by the individual's primary physician or by a court of competent jurisdiction.

[ 1995, c. 378, Pt. A, §1 (NEW) .]

SECTION HISTORY

1995, c. 378, §A1 (NEW).