Construction of provisions and presumed capacity
Applied in 2 court decisions — leading case 37 So. 3d 1155 - ADAMS COMMUNITY CARE CENTER, LLC v. Reed (2010)
Most recently applied in 193 So. 3d 633 - Tarvin Ex Rel. Wrongful Death Beneficiaries of Tarvin v. CLC of Jackson, LLC (June 2016)
Laws, 1998, ch. 542, § 12, eff from and after July 1, 1998.
(1) Sections 41-41-201 through 41-41-229 do not affect the right of an individual to make health-care decisions while having capacity to do so.
(2) 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.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.