Section 118 – Illegal destruction or falsification of health care directive.
75-2a-118. Illegal destruction or falsification of health care directive. (1) A person is guilty of a class B misdemeanor if the person: (a) willfully conceals, cancels, defaces, obliterates, or damages a health care directive of another without the declarant’s consent; or (b) falsifies, forges, or alters a health care directive or a revocation of the […]
Section 119 – Health care directive effect on insurance policies.
75-2a-119. Health care directive effect on insurance policies. (1) If an adult makes a health care directive under this chapter, the health care directive does not affect in any manner: (a) the obligation of any life or medical insurance company regarding any policy of life or medical insurance; (b) the sale, procurement, or issuance of […]
Section 120 – Judicial relief.
75-2a-120. Judicial relief. A district court may enjoin or direct a health care decision, or order other equitable relief based on a petition filed by: (1) a patient; (2) an agent of a patient; (3) a guardian of a patient; (4) a default surrogate of a patient; (5) a health care provider of a patient; […]
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 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 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 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 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 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 […]