{"data":{"id":"us-nm/24-7d-5","jurisdiction":"us-nm","citation":"24-7D-5","heading":"Presumption of capacity.","body":"A. All decision-makers are presumed to have capacity until such time as the decision-maker's primary care practitioner and one other qualified health professional with training and experience in the assessment of functional impairment, or a court, determine that the decision-maker is unable to make the decision-maker's own decisions. A diagnosis of mental illness, intellectual disability or developmental disability, of itself, does not void the presumption of capacity.\nB. The manner in which a decision-maker communicates with others is not grounds for determining that the decision-maker is incapable of managing the decision-maker's own affairs.\nC. The execution of a supported decision-making agreement may not be used as evidence of capacity or incapacity in any civil or criminal proceeding and does not preclude the ability of the decision-maker who has entered into a supported decision-making agreement to act independently of the agreement.","path":["Chapter 24 - Health and Safety","ARTICLE 7D Supported Decision-Making"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18524/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"5679361e0d5a6fd3c3051833086ff51aacc6b0dde3ee943d0d49444f34815012","source_id":"us-nm","stale":false,"prev":"us-nm/24-7d-4","next":"us-nm/24-7d-6"},"notice":"GroundRules: Original legal text. Not legal advice."}