§ 35-22-412 — Capacity

(a) This act does not affect the right of an individual to
make health care decisions while having capacity to do so.
(b) 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 unless the
primary physician has certified in writing that the patient
lacks such capacity.