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2025 Utah Code
Title 75A - Fiduciaries
Chapter 9 - Uniform Health Care Decisions Act
Section 118 - Limitations on powers.

Universal Citation:
UT Code § 75A-9-118 (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.
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Effective 1/1/2026
75A-9-118. Limitations on powers.
  • (1)If an individual has a long-term disability requiring routine treatment by artificial nutrition, hydration, or mechanical ventilation and a history of using the treatment without objection, an agent or default surrogate may not consent to withhold or withdraw the treatment unless:
    • (a)the treatment is not necessary to sustain the individual's life or maintain the individual's well-being;
    • (b)the individual has expressly authorized the withholding or withdrawal in a health care instruction that has not been revoked; or
    • (c)the individual has experienced a major reduction in health or functional ability from which the individual is not expected to recover, even with other appropriate treatment, and the individual has not:
      • (i)given a direction inconsistent with withholding or withdrawal; or
      • (ii)communicated by verbal or nonverbal expression a desire for artificial nutrition, hydration, or mechanical ventilation.
  • (2)A default surrogate may not make a health care decision if, under other law of this state, the decision:
    • (a)may not be made by a guardian; or
    • (b)may be made by a guardian only if the court appointing the guardian specifically authorizes the guardian to make the decision.


Enacted by Chapter 439, 2025 General Session
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