Section 113 – Personal representative status.
75-2a-113. Personal representative status. A surrogate becomes a personal representative for an adult under the Health Insurance Portability and Accountability Act of 1996 when: (1) the adult has been found to lack health care decision making capacity under Section 75-2a-104; (2) the adult grants current authority to the surrogate either: (a) in writing; or (b) […]
Section 114 – Revocation of directive.
75-2a-114. Revocation of directive. (1) An advance directive may be revoked at any time by the declarant by: (a) writing “void” across the document; (b) obliterating, burning, tearing, or otherwise destroying or defacing the document in any manner indicating an intent to revoke; (c) instructing another to do one of the acts described in Subsection […]
Section 115 – Notification to health care provider — Obligations of health care providers — Liability.
75-2a-115. Notification to health care provider — Obligations of health care providers — Liability. (1) It is the responsibility of the declarant or surrogate, to the extent that the responsibility is not assigned to a health care provider or health care facility by state or federal law, to notify or provide for notification to a […]
Section 116 – Presumption of validity of directive.
75-2a-116. Presumption of validity of directive. (1) A health care directive executed under this chapter is presumed valid and binding. (2) Health care providers and health care facilities, in the absence of notice to the contrary, shall presume that a declarant who executed a health care directive, whether or not in the presence of a […]
Section 117 – Optional form.
75-2a-117. Optional form. (1) The form created in Subsection (2), or a substantially similar form, is presumed valid under this chapter. (2) The following form is presumed valid under Subsection (1): Utah Advance Health Care Directive (Pursuant to Utah Code Section 75-2a-117) Part I: Allows you to name another person to make health care decisions […]
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 106 – Emergency medical services — POLST order.
Effective 5/5/2021 75-2a-106. Emergency medical services — POLST order. (1) A POLST order may be created by or on behalf of a person as described in this section. (2) A POLST order shall, in consultation with the person authorized to consent to the order pursuant to this section, be prepared by: (a) the physician, APRN, […]