(a) For purposes of a judicial determination, a person has the capacity to give informed consent to a proposed medical treatment if the person is able to do all of the following: (1) Respond knowingly and intelligently to queries about that medical treatment. (2) Participate in that treatment decision by means of a rational thought process. (3) Understand all of the following items of minimum basic medical treatment information with respect to that treatment: (A) The nature and seriousness of the illness, disorder, or defect that the person has. (B) The nature of the medical treatment that is being recommended by the person`s health care providers. (C) The probable degree and duration of any benefits and risks of any medical intervention that is being recommended by the person`s health care providers, and the consequences of lack of treatment. (D) The nature, risks, and benefits of any reasonable alternatives. (b) A person who has the capacity to give informed consent to a proposed medical treatment also has the capacity to refuse consent to that treatment.
