Section 121 – Reciprocity — Application of former provisions of law.
75-2a-121. Reciprocity — Application of former provisions of law. Unless otherwise provided in the health care directive: (1) a health care provider or health care facility may, in good faith, rely on any health care directive, power of attorney, or similar instrument: (a) executed in another state; or (b) executed prior to January 1, 2008, […]
Section 122 – Effect of act.
75-2a-122. Effect of act. The Advance Health Care Directive Act created in this chapter does not: (1) create a presumption concerning the intention of an adult who has not made or who has revoked an advance health care directive; (2) authorize mercy killing, assisted suicide, or euthanasia; or (3) authorize the provision, withholding, or withdrawal […]
Section 123 – Pregnancy.
75-2a-123. Pregnancy. (1) A health care directive that provides for the withholding or withdrawal of life sustaining procedures has no force during the course of a declarant’s pregnancy. (2) Subsection (1) does not negate the appointment of a health care agent during the course of a declarant’s pregnancy. Amended by Chapter 107, 2008 General Session
Section 107 – Advance health care directive — Appointment of agent — Powers of agent — Health care directions.
75-2a-107. Advance health care directive — Appointment of agent — Powers of agent — Health care directions. (1) (a) An adult may make an advance health care directive in which the adult may: (i) appoint a health care agent or choose not to appoint a health care agent; (ii) give directions for the care of […]
Section 124 – Provisions cumulative with existing law.
75-2a-124. Provisions cumulative with existing law. The provisions of this chapter are cumulative with existing law regarding a person’s right to consent or refuse to consent to medical treatment and do not impair any existing rights or responsibilities that a health care provider, a person, including a minor or incapacitated person, or a person’s family […]
Section 108 – Default surrogates.
75-2a-108. Default surrogates. (1) (a) Any member of the class described in Subsection (1)(b) may act as an adult’s surrogate if: (i) (A) the adult has not appointed an agent; (B) an appointed agent is not reasonably available; or (C) a guardian has not been appointed; and (ii) the member of the class described in […]
Section 125 – Severability.
75-2a-125. Severability. If any one or more provision, section, subsection, sentence, clause, phrase, or word of this chapter, or the application of this chapter to any person or circumstance, is found to be unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective notwithstanding such unconstitutionality. The […]
Section 109 – Effect of current health care preferences — When a surrogate may act.
75-2a-109. Effect of current health care preferences — When a surrogate may act. (1) An adult with health care decision making capacity retains the right to make health care decisions as long as the adult has health care decision making capacity as defined in Section 75-2a-103. For purposes of this chapter, the inability to communicate […]
Section 110 – Surrogate decision making — Scope of authority.
75-2a-110. Surrogate decision making — Scope of authority. (1) A surrogate acting under the authority of either Section 75-2a-107 or 75-2a-108 shall make health care decisions in accordance with: (a) the adult’s current preferences, to the extent possible; (b) the adult’s written or oral health care directions, if any; or (c) the substituted judgment standard. […]
Section 111 – Priority of decision makers.
75-2a-111. Priority of decision makers. (1) The following is the order of priority of those authorized to make health care decisions on behalf of an adult who has been found to lack health care decision making capacity under Section 75-2a-104: (a) a health care agent appointed by an adult under the provisions of Section 75-2a-107 […]