Revised Code of Washington
Chapter 71.32 - Mental Health Advance Directives.
71.32.040 - Presumption of capacity.

RCW 71.32.040
Presumption of capacity.

For the purposes of this chapter, an adult is presumed to have capacity. A person who is at least 13 years of age but under the age of majority is considered to have capacity for the purpose of executing a mental health advance directive if the person is able to demonstrate that they are capable of making informed decisions related to behavioral health care.

[ 2021 c 287 § 6; 2003 c 283 § 4.]

Structure Revised Code of Washington

Revised Code of Washington

Title 71 - Behavioral Health

Chapter 71.32 - Mental Health Advance Directives.

71.32.010 - Legislative declaration—Findings.

71.32.020 - Definitions.

71.32.030 - Construction of definitions.

71.32.040 - Presumption of capacity.

71.32.050 - Execution of directive—Scope.

71.32.060 - Execution of directive—Elements—Effective date—Expiration.

71.32.070 - Prohibited elements.

71.32.080 - Revocation—Waiver.

71.32.090 - Witnesses.

71.32.100 - Appointment of agent.

71.32.110 - Determination of capacity.

71.32.120 - Action to contest directive.

71.32.130 - Determination of capacity—Reevaluations of capacity.

71.32.140 - Refusal of admission to inpatient treatment—Effect of directive.

71.32.150 - Compliance with directive—Conditions for noncompliance.

71.32.160 - Electroconvulsive therapy.

71.32.170 - Providers—Immunity from liability—Conditions.

71.32.180 - Multiple directives, agents—Effect—Disclosure of court orders.

71.32.190 - Preexisting, foreign directives—Validity.

71.32.200 - Fraud, duress, undue influence—Appointment of guardian.

71.32.210 - Execution of directive not evidence of behavioral health disorder or lack of capacity.

71.32.220 - Requiring directive prohibited.

71.32.230 - Coercion, threats prohibited.

71.32.240 - Other authority not limited.

71.32.250 - Long-term care facility residents—Readmission after inpatient behavioral health treatment—Evaluation, report to legislature.

71.32.260 - Form.

71.32.270 - Family-initiated treatment.

71.32.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.