53-21-1301. Purpose. The purpose of this part is to: (1) promote more timely, informed, compassionate, and effective mental health care; (2) recognize the right of any person who has capacity to give or withhold informed consent for mental health services; (3) prevent unnecessary delays in receiving care for a mental disorder in times of impending or actual crisis; (4) allow […]
53-21-1302. Definitions. As used in this part, the following definitions apply: (1) ”Agent” means a person designated in a directive to make health care decisions for the principal granting power. (2) ”Capacity” is the ability of a person to understand the significant benefits and risks of and alternatives to proposed health care and to make and communicate a […]
53-21-1303. Presumption of capacity. (1) A person is presumed to have capacity to make a health care decision and to create or revoke a directive. (2) This part does not affect the right of a person to make health care decisions while having capacity to do so. History: En. Sec. 3, Ch. 329, L. 2011.
53-21-1304. Scope of mental health care advance directive. (1) An adult with capacity may execute a directive. A minor at least 16 years of age with capacity or an emancipated minor as defined in 41-1-401 with capacity may execute a directive. (2) A directive must: (a) be in writing; (b) contain language that clearly indicates that the principal intends […]
53-21-1305. Validity of appointment of agent. If the directive appoints an agent, the agent may accept the appointment by signing the directive. The agent’s signature does not have to be witnessed, notarized, or otherwise validated. The lack of agent’s signature does not affect the validity of the directive. The directive may provide for one or more […]
53-21-1306 through 53-21-1310 reserved.
53-21-1311. Prohibited elements. A directive may not: (1) create an entitlement to mental health treatment or other medical treatment; (2) obligate any health care provider, professional person, health care facility, or insurer to pay the costs associated with the treatment requested; (3) obligate any health care provider, professional person, or health care facility to be responsible for services outside […]
53-21-1312. When a directive takes effect — determination of incapacity. (1) A directive is valid upon execution but takes effect only upon a determination of incapacity as provided in this part. (2) A principal, agent, professional person, or health care provider may seek a determination regarding whether the principal is incapacitated or has regained capacity. (3) For the […]
53-21-1313. Provider of mental health services. (1) A provider of mental health services or a supervising health care provider shall: (a) inquire whether a directive exists and make a written record of the response; and (b) include a copy of the directive and any written revocation in the health care record if the directive or revocation are provided. […]
53-21-1314. Duties of agent. (1) An agent shall act in good faith. (2) An agent shall make health care decisions in accordance with the principal’s written instructions or directive if any. When the agent must make decisions not addressed by the written instructions or directive, the agent shall base decisions on the principal’s known wishes and upon […]
53-21-1315. Health care decisions in event of the principal’s protest. An agent may make a health care decision over the protest of a principal who lacks capacity if: (1) the directive is irrevocable at times of incapacity; (2) the directive authorizes the agent to make the health care decision at issue; and (3) the health care that is to […]
53-21-1316 through 53-21-1320 reserved.
53-21-1321. Explicit authorization required for certain treatment. Electroconvulsive therapy or surgical or experimental treatment may be provided to a principal after a determination of incapacity only if the directive explicitly consents to the particular therapy or treatment. History: En. Sec. 11, Ch. 329, L. 2011.
53-21-1322. Authorization for admission to inpatient treatment — effect of directive. (1) A principal whose directive is irrevocable during a period of incapacity and who has provided consent to inpatient treatment in the directive or authorized an agent to consent to inpatient treatment may be admitted to inpatient mental health treatment if: (a) a physician or psychiatric […]
53-21-1323. Expiration. A directive is valid indefinitely unless the directive includes an expiration date. A directive that expires during a period of incapacity of the principal remains in effect until the principal’s capacity is restored. History: En. Sec. 13, Ch. 329, L. 2011.
53-21-1324. Revocation. (1) The principal may revoke a directive in whole or in part orally or in writing at any time unless the directive provides that: (a) the directive is not revocable during a period of incapacity; or (b) the directive is not revocable for a specified period of time after a determination of incapacity. (2) As allowed by […]
53-21-1325. Effect of directive on existing law. (1) A directive does not override other provisions of law including Title 46, chapter 14, Title 53, chapter 21, part 1, and Title 72, chapter 5. (2) A directive has no legal effect during a period of involuntary inpatient commitment or a period during which a person is subject to […]
53-21-1326 through 53-21-1330 reserved.
53-21-1331. Nomination of guardian or conservator. A directive may nominate a guardian or conservator. The court in any guardianship proceeding shall determine whether there is a directive and shall appoint the guardian or conservator nominated in the directive, except when good cause or reason for disqualification exists. History: En. Sec. 16, Ch. 329, L. 2011.
53-21-1332. Decisions by guardian or conservator. When a valid directive is in existence at the time of a judicial determination of incapacity and appointment of a guardian or conservator of the principal: (1) a guardian or conservator shall comply with the instructions in a principal’s directive and may not revoke the principal’s directive unless the appointing court […]
