75-2a-102. Intent statement. (1) The Legislature finds: (a) developments in health care technology make possible many alternatives for treating medical conditions and make possible the unnatural prolongation of life; (b) an adult should have the clear legal choice to: (i) accept or reject health care, even if rejecting health care will result in death sooner […]
75-2a-104. Capacity to make health care decisions — Presumption — Overcoming presumption. (1) An adult is presumed to have: (a) health care decision making capacity; and (b) capacity to make or revoke an advance health care directive. (2) To overcome the presumption of capacity described in Subsection (1)(a), a physician, an APRN, or, subject to […]
75-2a-105. Capacity to complete an advance health care directive. (1) An adult is presumed to have the capacity to complete an advance health care directive. (2) An adult who is found to lack health care decision making capacity under the provisions of Section 75-2a-104: (a) lacks the capacity to give an advance health care directive, […]
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, […]
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 […]
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 […]
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 […]
75-2a-110. Surrogate decision making — Scope of authority. (1) A surrogate acting under the authority of either Section 75-2a-107 or 75-2a-108 shall make health care decisions in accordance with: (a) the adult’s current preferences, to the extent possible; (b) the adult’s written or oral health care directions, if any; or (c) the substituted judgment standard. […]
75-2a-111. Priority of decision makers. (1) The following is the order of priority of those authorized to make health care decisions on behalf of an adult who has been found to lack health care decision making capacity under Section 75-2a-104: (a) a health care agent appointed by an adult under the provisions of Section 75-2a-107 […]
75-2a-112. Decisions by guardian. (1) A court-appointed guardian shall comply with an adult’s advance health care directive and may not revoke the adult’s advance health care directive unless the court, for cause, expressly revokes the adult’s directive. (2) A health care decision of an agent takes precedence over that of a guardian, in the absence […]
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) […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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; […]
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, […]
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 […]
