(a) An adult individual is presumed to have capacity to make a health-care decision and to execute, modify or void a DMOST form.(b) A determination that a patient lacks decision-making capacity must be made by a physician, and if a patient's authorized representative is executing the DMOST form such determination by a physician shall be required.Added by Laws 2015 , ch. 18, s 1, eff. upon the adoption of regulations by the Department of Health and Social Services which will occur no later than one year from enactment..