§43A-11-104.

§43A-11-104.
   
   A. Any capable person eighteen (18) years of age or older may execute
   an advance directive for mental health treatment stating the mental
   health treatment wishes of the person in the event the person is
   determined to be incapable and mental health treatment is determined
   to be necessary as provided by Section 10 of this act. An advance
   directive for mental health treatment may include but is not limited
   to consent to inpatient mental health treatment.
   
   B. An advance directive for mental health treatment may be executed
   by:
   
   1. Executing a declaration; or
   
   2. Appointing an attorney-in-fact; or
   
   3. Both executing a declaration and appointing an attorney-in-fact. If
   executed, the appointment of an attorney-in-fact shall be attached to
   the declaration.
   
   C. The Advance Directives for Mental Health Treatment Act:
   
   1. Shall not affect the right of an individual to make decisions about
   mental health treatment, so long as the individual is capable; and
   
   2. Creates no presumption concerning the intention of an individual
   who has revoked or has not executed an advance directive for mental
   health treatment.
   
   D. For the purpose of the Advance Directives for Mental Health
   Treatment Act:
   
   1. If a person is incapable at the time of a determination that mental
   health treatment is necessary, an advance directive for mental health
   treatment executed in accordance with the Advance Directives for
   Mental Health Treatment Act is presumed to be valid; and
   
   2. A physician, psychologist or health care facility may presume, in
   the absence of actual notice to the contrary, that a person who
   executed an advance directive for mental health treatment was of sound
   mind when the advance directive for mental health treatment was
   executed.
   
   E. A person shall not be required to execute or to refrain from
   executing an advance directive for mental health treatment as a
   criterion for insurance, as a condition for receiving mental or
   physical health services, or as a condition of discharge from a health
   care facility.
   
   F. The fact that a person has executed an advance directive for mental
   health treatment shall not constitute an indication of mental
   incompetence.