Current through the 2024 Fourth Special Session
Section 75A-3-304 - Presumption of validity of advance health care directive(1) An advance health care directive executed under this chapter is presumed valid and binding.(2) A health care provider and a health care facility, in the absence of notice to the contrary, shall presume that a declarant who executed an advance health care directive, whether or not in the presence of a health care provider, had the required decision making capacity at the time the declarant signed the directive.(3) The fact that a declarant executed an advance health care directive shall not be construed as an indication that the declarant was suffering from mental illness or lacked decision making capacity.Renumbered from § 75-2a-116 and amended by Chapter 364, 2024 General Session ,§ 87, eff. 9/1/2024.Enacted by Chapter 31, 2007 General Session.