reglab/housing_qa huggingface dataset:
18-C ME Rev Stat § 5-705 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 7: PUBLIC GUARDIAN AND CONSERVATOR|18-C §5-705. Acceptance by public guardian or conservator; plan

 §5-705. Acceptance by public guardian or conservator; plan Prior to the appointment of a public guardian or conservator, the appropriate agency nominated shall accept or reject the nomination in writing within 30 days of its receipt of notification that it has been nominated and if the nomination is accepted shall file a plan under section 5-316 for a guardianship and section 5-419 for a conservatorship.   [PL 2019, c. 417, Pt. A, §97 (AMD).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. A, §97 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-706 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 7: PUBLIC GUARDIAN AND CONSERVATOR|18-C §5-706. Officials authorized to act as public guardian or conservator

 §5-706. Officials authorized to act as public guardian or conservator 1.  Commissioner of Health and Human Services.  When the Department of Health and Human Services is appointed public guardian or conservator of a person, the authority of the public guardian or conservator must be exercised by the Commissioner of Health and Human Services and by any persons duly delegated by the commissioner to exercise such authority.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 2019, Pt. B, §14 (AFF).] 2.  Delegation of authority.  Persons duly delegated by the officials authorized to act under subsection 1 may include a staff of competent social workers or competent social workers assigned to the public guardian or conservator by the Department of Health and Human Services. In the event that the delegation is to an individual, such individual must be qualified by reason of education or experience, or both, in administering to the needs of the individual or individuals over whom the individual is to exercise administrative or supervisory authority under the public guardian.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-707 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 7: PUBLIC GUARDIAN AND CONSERVATOR|18-C §5-707. Duties and powers of a public guardian or conservator

 §5-707. Duties and powers of a public guardian or conservator A public guardian or conservator has the same powers, rights and duties respecting the individual subject to guardianship or the individual subject to conservatorship as provided for guardians and conservators by the other Parts of this Article except as otherwise specifically provided in this Part, including the following particular provisions.   [PL 2019, c. 417, Pt. A, §98 (AMD).]1.  Placement in licensed facility; removal.  A public guardian may place an individual subject to guardianship in a facility described in Title 22, section 1811 only if the facility is duly licensed. In the event that the license of any such facility is suspended or revoked, the public guardian having any individual subject to guardianship placed in that facility shall remove the individual and effect an appropriate placement of the individual as soon as practicable after knowledge of the suspension or revocation of the license.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Examination and evaluation; report to court.   [PL 2019, c. 417, Pt. A, §99 (RP).] 3.  Records.   [PL 2019, c. 417, Pt. A, §99 (RP).] 4.  In absence of kin, autopsy and burial.  A public guardian, in the absence of available next of kin, may authorize the performance of an autopsy upon the body of a deceased individual subject to guardianship. The public guardian, in the absence of available next of kin, or in the event that next of kin refuses to assume responsibility for the deceased individual subject to guardianship, shall cause any deceased individual subject to guardianship to be suitably buried and has authority to expend funds of the individual for that purpose, and in the event the individual is without funds at the time of death, the public guardian shall cause the individual to be suitably buried at public expense, as in the case of the burial of any other deceased indigent person.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. A, §§98, 99 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-708 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 7: PUBLIC GUARDIAN AND CONSERVATOR|18-C §5-708. No change in rights to services

 §5-708. No change in rights to services The appointment of a public guardian or conservator in no way enlarges or diminishes the individual subject to guardianship's or protected person's right to services made available to all persons in need of service or protection in the State except for the provision of guardianship or conservatorship services as provided under this Article.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-709 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 7: PUBLIC GUARDIAN AND CONSERVATOR|18-C §5-709. No change in powers and duties of agency heads and trustees

 §5-709. No change in powers and duties of agency heads and trustees Nothing in this Article abrogates any other powers or duties vested by law in the head of any public institution, or vested by the settlor of a trust in the trustee thereof, for the benefit of any individual subject to guardianship or protected person for whom the public guardian or conservator is appointed.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-710 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 7: PUBLIC GUARDIAN AND CONSERVATOR|18-C §5-710. Bond not required

 §5-710. Bond not required The public guardian or conservator is not required to file bonds in individual guardianships or conservatorships.   [PL 2021, c. 398, Pt. KK, §3 (AMD).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 398, Pt. KK, §3 (AMD).
18-C ME Rev Stat § 5-711 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 7: PUBLIC GUARDIAN AND CONSERVATOR|18-C §5-711. Compensation

 §5-711. Compensation 1.  Reasonable expenses; account for costs.  The public guardian or conservator may receive such reasonable amounts for its expenses as guardian or conservator as the Probate Court may allow. The amounts so allowed must be allocated to an account from which may be drawn expenses for filing fees, court costs and other expenses required in the administration of the functions of the public guardian or conservator. No amounts thus received may inure to the benefit of any employee of the public guardian or conservator. Any balance in the account at the end of a fiscal year does not lapse but is carried forward from year to year and used for the purposes provided for in this subsection.   [PL 2021, c. 398, Pt. KK, §4 (AMD).] 2.  Reimbursement of personal expenditures.  Any personal expenditures made on the individual subject to guardianship's or protected person's behalf by the public guardian or conservator must, when properly evidenced, be reimbursed out of the individual subject to guardianship's or protected person's estate. Claims for services rendered by state agencies must be submitted to the Probate Court for approval before payment.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 398, Pt. KK, §4 (AMD).
18-C ME Rev Stat § 5-712 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 7: PUBLIC GUARDIAN AND CONSERVATOR|18-C §5-712. Individuals subject to guardianship; guardian ad litem costs

 §5-712. Individuals subject to guardianship; guardian ad litem costs 1.  Guardian ad litem, other special costs.  The costs of the guardian ad litem or any other special costs may be paid by the Department of Health and Human Services, within the limits of the department's budget, when:   A. A person is in need of protective services and:   (1) A guardian ad litem is appointed under the provisions of this Code; or   (2) A court incurs special costs in a proceeding concerning the person; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]B. Appointment of a public guardian or conservator is sought or the person, within 3 months prior to the filing of the petition:   (1) Is or has been a client of the Department of Health and Human Services; or   (2) Has received services from a worker from the Department of Health and Human Services.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).][PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Payment of costs.  The Department of Health and Human Services is not liable for the costs set out in subsection 1 if the department can demonstrate that the person has assets against which the costs may be assessed or that another more appropriate funding source is available and subject to the court's jurisdiction.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-713 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 7: PUBLIC GUARDIAN AND CONSERVATOR|18-C §5-713. Limited public guardianships

 §5-713. Limited public guardianships The provisions of Parts 2 and 3 regarding limited guardianships apply to the appointment of public guardians.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-801 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 8: UNIFORM HEALTH CARE DECISIONS ACT|18-C §5-801. Short title

 §5-801. Short title This Part may be known and cited as "the Uniform Health Care Decisions Act."   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-803-A (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 8: UNIFORM HEALTH CARE DECISIONS ACT|18-C §5-803-A. Remote signing of advance health care directives in health care facilities

 §5-803-A. Remote signing of advance health care directives in health care facilities When a principal in a hospital or a residential health care facility has an infectious disease and is confined to a room or ward where isolation precautions prevent the physical presence of individuals or documents necessary for executing the principal's advance health care directives, staff, employees and agents of a hospital or a residential health care facility where the principal is located may assist and facilitate the execution of advance health care directives using the process provided in this section.   [PL 2021, c. 452, §1 (NEW).]The principal may direct another individual physically located beyond the isolation area but in the same facility to sign the principal's name to the advance health care directive. If necessary, the principal may employ 2-way audiovisual communication technology to direct the individual to sign and to allow the signing to be witnessed. This audiovisual technology must allow direct contemporaneous interaction between the principal, the individual signing the document and any witness by sight and sound in real time.   [PL 2021, c. 452, §1 (NEW).]The principal must be provided with an unsigned copy of the advance health care directive prior to the signing for the principal to review. The individual signing for the principal must be provided with the original advance health care directive. After it is signed and witnessed, a copy of the original advance health care directive must be given to the principal or the principal's agent if named in the advance health care directive. The signed and witnessed original advance health care directive must be filed with the principal's medical record as soon as possible.   [PL 2021, c. 452, §1 (NEW).]If the principal or the principal's agent identifies any substantive difference between the unsigned copy and the signed and witnessed original advance health care directive, the principal or the agent may revoke the advance health care directive by notifying the primary physician either orally or in writing.   [PL 2021, c. 452, §1 (NEW).]Staff, employees and agents of a hospital or a residential health care facility are immune from suit or legal liability for their good faith actions or omissions arising out of their use of the procedures described in this section.   [PL 2021, c. 452, §1 (NEW).]This section does not apply to any other documents or settings or when advance health care directives are notarized.   [PL 2021, c. 452, §1 (NEW).]SECTION HISTORY PL 2021, c. 452, §1 (NEW).
18-C ME Rev Stat § 5-804 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 8: UNIFORM HEALTH CARE DECISIONS ACT|18-C §5-804. Revocation of advance health care directive

 §5-804. Revocation of advance health care directive 1.  Revocation of designation of agent.  An individual with capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Revocation of advance health care directive.  An individual with capacity may revoke all or part of an advance health care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 3.  Communication of revocation.  A health care provider, agent, guardian or surrogate who is informed of a revocation by an individual with capacity shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution at which the patient is receiving care.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 4.  Revocation of spouse as agent.  A decree of annulment, divorce, dissolution of marriage or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in a power of attorney for health care.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 5.  Revocation of earlier advance health care directive in conflict.  An advance health care directive that conflicts with an earlier advance health care directive revokes the earlier directive to the extent of the conflict.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-807 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 8: UNIFORM HEALTH CARE DECISIONS ACT|18-C §5-807. Decisions by guardian

 §5-807. Decisions by guardian 1.  Compliance with expressed wishes; cannot revoke advance health care directive.  Except as authorized by a court of competent jurisdiction, a guardian shall comply with the individual subject to guardianship's individual instructions and other wishes, if any, expressed while the individual subject to guardianship had capacity and to the extent known to the guardian and may not revoke the individual subject to guardianship's advance health care directive unless the appointing court expressly so authorizes.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Agent's decision takes precedence.  Absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 3.  Effective without judicial approval; exceptions.  A health care decision made by a guardian for the individual subject to guardianship is effective without judicial approval, except under the following circumstances:   A. The guardian's decision is contrary to the individual subject to guardianship's individual instructions and other wishes, expressed while the individual subject to guardianship had capacity; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]B. The guardian seeks to withhold or withdraw life-sustaining treatment from the individual subject to guardianship, against the advice of the individual subject to guardianship's primary physician and in the absence of instructions from the individual subject to guardianship, made while the individual subject to guardianship had capacity.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).][PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-809 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 8: UNIFORM HEALTH CARE DECISIONS ACT|18-C §5-809. Health care information

 §5-809. Health care information Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health care information.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-810 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 8: UNIFORM HEALTH CARE DECISIONS ACT|18-C §5-810. Immunities

 §5-810. Immunities 1.  Health care provider or institution.  A health care provider or health care institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or health care institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for:   A. Complying with a health care decision of a person apparently having authority and capacity to make a health care decision for a patient, including a decision to withhold or withdraw health care;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]B. Declining to comply with a health care decision of a person based on a belief that the person then lacked authority or capacity or that the decision otherwise does not comply with this Part;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]C. Complying with an advance health care directive and assuming that the directive was valid when made and has not been revoked or terminated; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]D. Seeking judicial relief from a court of competent jurisdiction.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).][PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Agent, guardian or surrogate.  An individual acting as agent, guardian or surrogate under this Part is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-811 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 8: UNIFORM HEALTH CARE DECISIONS ACT|18-C §5-811. Statutory damages

 §5-811. Statutory damages 1.  Health care provider or institution; intentional violation.  A health care provider or health care institution that intentionally violates this Part is subject to liability to the aggrieved individual for damages of $500 or actual damages resulting from the violation, whichever is greater, plus reasonable attorney's fees.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Interference with autonomy to make health care decisions.  A person who intentionally falsifies, forges, conceals, defaces or obliterates an individual's advance health care directive or a revocation of an advance health care directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke or not to give an advance health care directive, is subject to liability to that individual for damages of $2,500 or actual damages resulting from the action, whichever is greater, plus reasonable attorney's fees.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
18-C ME Rev Stat § 5-812 (2021)
2021 Maine Revised Statutes|TITLE 18-C: PROBATE CODE|Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS|Part 8: UNIFORM HEALTH CARE DECISIONS ACT|18-C §5-812. Capacity

 §5-812. Capacity 1.  Right to make health care decisions while having capacity.  This Part does not affect the right of an individual to make health care decisions while having capacity to do so.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2.  Presumed to have capacity; rebuttal.  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. This presumption may be rebutted by a determination by the individual's primary physician or by a court of competent jurisdiction.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).