TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 21. MENTALLY ILL

Part 13. Mental Health Care Advance Directives

Presumption Of Capacity

53-21-1303. Presumption of capacity. (1) A person is presumed to have capacity to make a health care decision and to create or revoke a directive.

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

History: En. Sec. 3, Ch. 329, L. 2011.