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) by other expression before a witness who is not the surrogate or agent; or

• (3) the court appoints a guardian authorized to make health care decisions on behalf of the adult.

Amended by Chapter 107, 2008 General Session