[§327E-11]  Capacity.  (a)  This chapter 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. [L 1999, c 169, pt of §1]