New Mexico § 24-7D-5 Presumption of capacity

New Mexico Statutes

§ 24-7D-5 — Presumption of capacity

New Mexico·Ch. 24 Health and Safety·Art. 7D Supported Decision-Making

A.All decision-makers are presumed to have capacity until such time as the decision-maker's primary care practitioner and one other qualified health professional with training and experience in the assessment of functional impairment, or a court, determine that the decision-maker is unable to make the decision-maker's own decisions. A diagnosis of mental illness, intellectual disability or developmental disability, of itself, does not void the presumption of capacity.

B.The manner in which a decision-maker communicates with others is not grounds for determining that the decision-maker is incapable of managing the decision-maker's own affairs.

C.The execution of a supported decision-making agreement may not be used as evidence of capacity or incapacity in any civil or criminal proceeding

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A. All decision-makers are presumed to have capacity until such time as the decision-maker's primary care practitioner and one other qualified health professional with training and experience in the assessment of functional impairment, or a court, determine that the decision-maker is unable to make the decision-maker's own decisions. A diagnosis of mental illness, intellectual disability or developmental disability, of itself, does not void the presumption of capacity. B. The manner in which a decision-maker communicates with others is not grounds for determining that the decision-maker is incapable of managing the decision-maker's own affairs. C. The execution of a supported decision-making agreement may not be used as evidence of capacity or incapacity in any civil or criminal proceeding and does not preclude the ability of the decision-maker who has entered into a supported decision- making agreement to act independently of the agreement.

New Mexico § 24-7D-5 (Presumption of capacity) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.