Go to Other Versions of The
Utah Code
2025 Utah Code
Title 75A - Fiduciaries
Chapter 9 - Uniform Health Care Decisions Act
Section 113 - Disqualification to act as default surrogate.
Universal Citation:
UT Code § 75A-9-113 (2025)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
Effective 1/1/2026
75A-9-113. Disqualification to act as default surrogate.
Enacted by Chapter 439, 2025 General Session
75A-9-113. Disqualification to act as default surrogate.
- (1)
- (a)An individual for whom a health care decision would be made may disqualify another individual from acting as default surrogate for the first individual.
- (b)The disqualification must be in a record signed by the first individual or communicated verbally or nonverbally to the individual being disqualified, another individual, or a responsible health care professional.
- (c)Disqualification under this subsection is effective even if made by an individual who lacks capacity to make an advance directive if the individual clearly communicates a desire that the individual being disqualified not make health care decisions for the individual.
- (2)An individual is disqualified from acting as a default surrogate for an individual who lacks capacity to make health care decisions if:
- (a)a court finds that the potential default surrogate poses a danger to the individual's well-being, even if the court does not issue a protective order against the potential surrogate;
- (b)the potential default surrogate is an owner, operator, employee, or contractor of a nursing home or assisted living facility in which the individual is residing or receiving care unless the owner, operator, employee, or contractor is a family member of the individual, the cohabitant of the individual, or a descendant of the cohabitant; or
- (c)the potential default surrogate refuses to provide a timely declaration under Subsection 75A-9-111(3).
Enacted by Chapter 439, 2025 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.
