There is a newer version
of
this Section
2018 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 2a - Advance Health Care Directive Act
Section 109 - Effect of current health care preferences -- When a surrogate may act.
Universal Citation: UT Code § 75-2a-109 (2018)
75-2a-109. Effect of current health care preferences -- When a surrogate may act.
Amended by Chapter 99, 2009 General Session
- (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 through speech does not mean that the adult lacks health care decision making capacity.
- (2) An adult's current health care decisions, however expressed or indicated, always supersede an adult's prior decisions or health care directives.
- (3) Unless otherwise directed in an advance health care directive, an advance health care directive or the authority of a surrogate to make health care decisions on behalf of an adult:
- (a) is effective only after a physician, physician assistant, or APRN makes a determination of incapacity as provided in Section 75-2a-104;
- (b) remains in effect during any period of time in which the declarant lacks capacity to make health care decisions; and
- (c) ceases to be effective when:
- (i) a declarant disqualifies a surrogate or revokes the advance health care directive;
- (ii) a health care provider finds that the declarant has health care decision making capacity;
- (iii) a court issues an order invalidating a health care directive; or
- (iv) the declarant has challenged the finding of incapacity under the provisions of Subsection 75-2a-104(3).
Amended by Chapter 99, 2009 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
