Section 41-41-223 - Construction of provisions and presumed capacity(1) Sections 41-41-201 through 41-41-229 do not affect the right of an individual to make health-care decisions while having capacity to do so.(2) 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. Laws, 1998, ch. 542, § 12, eff. 7/1/1998.