US Lawyer Database

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 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 […]