Capacity [For application of this section, see 85 Del. Laws, c. 485, § 5].

§ 2518A. Capacity [For application of this section, see 85 Del. Laws, c. 485, § 5]. (a) An adult individual is presumed to have capacity to make a health-care decision and to execute, modify, or void a POLST form. (b) (1) The presumption under subsection (a) of this section may be rebutted by a health-care practitioner who makes a finding that the patient lacks decision-making capacity based on a contemporaneous examination and in accordance with accepted standards of the profession and the scope of practice of the health-care practitioner making the finding. (2) A health-care practitioner must document a finding under paragraph (b)(1) of this section in the patient’s medical record. (c) A patient’s authorized representative may not execute a POLST form for a patient unless the documentation required under paragraph (b)(2) of this section is in the patient’s medical record.80 Del. Laws, c. 18, § 1; 85 Del. Laws, c. 485, § 1;