s 5
In forcePresumption of capacity to make health care decisions
Part 1Preliminary matters
5 Presumption of capacity to make health care decisions
An adult is presumed to have capacity to make a health care decision unless there is evidence to the contrary.
Note for section 5
In the absence of other evidence, an adult who merely appears to have impaired decision making capacity is still presumed not to have impaired decision making capacity. A guardianship order could be evidence to the contrary.
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