2006 Utah Code - 75-2-1105 — Directive for medical services after injury or illness is incurred.

     75-2-1105.   Directive for medical services after injury or illness is incurred.
     (1) (a) A person 18 years of age or older may, after incurring an injury, disease, or illness, direct his care by means of a directive made under this section, which is binding upon attending physicians and other providers of medical services.
     (b) When a declarant has executed a directive under Section 75-2-1104 and is in a terminal condition or a persistent vegetative state, that directive takes precedence over a nonconflicting directive executed under this section. A directive executed by an attorney-in-fact appointed under Section 75-2-1106 takes precedence over all earlier signed directives.
     (2) A directive made under this section shall be:
     (a) in writing;
     (b) signed by the declarant or by another person in the declarant's presence and by the declarant's expressed direction, or if the declarant does not have the ability to give current directions concerning his care and treatment, by the following persons, as proxy, in the following order of priority if no person in a prior class is available, willing, and competent to act:
     (i) an attorney-in-fact appointed under Section 75-2-1106;
     (ii) any previously appointed legal guardian of the declarant;
     (iii) the person's spouse if not legally separated;
     (iv) the parents or surviving parent;
     (v) the person's child 18 years of age or older, or if the person has more than one child, by a majority of the children 18 years of age or older who are reasonably available for consultation upon good faith efforts to secure participation of all those children;
     (vi) by the declarant's nearest reasonably available living relative 18 years of age or older if the declarant has no parent or child living;
     (vii) by a legal guardian appointed for the purposes of this section;
     (c) dated;
     (d) signed, completed, and certified by the declarant's attending physician; and
     (e) signed pursuant to Subsection (b) above in the presence of two or more witnesses 18 years of age or older.
     (3) Neither of the witnesses may be:
     (a) the person who signed the directive on behalf of the declarant;
     (b) related to the declarant by blood or marriage;
     (c) entitled to any portion of the declarant's estate according to the laws of intestate succession of this state or under any will or codicil of the declarant;
     (d) directly financially responsible for declarant's medical care; or
     (e) an agent of any health care facility in which the declarant is a patient or resident at the time of executing the directive.
     (4) A directive executed under this section shall be in substantially the following form or in a form substantially similar to the form approved by prior Utah law and shall contain a description by the attending physician of the declarant's injury, disease, or illness. It shall include specific directions for care and treatment or withholding of treatment.
DIRECTIVE TO PHYSICIANS AND PROVIDERS OF MEDICAL SERVICES
(Pursuant to Section 75-2-1105, UCA)
     I, _______________, certify that I am serving as the attending physician for ____________________ of __________, who has been under my care since the ____ day of __________, ______.

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     1. This declarant, _______________________________, is currently suffering from the following injury, disease, or illness:
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