Terms Used In Utah Code > Title 75A > Chapter 3 > Part 3 - Advance Health Care Directive for Adult

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adult: means an individual who is:
       (1)(a) at least 18 years old; or
       (1)(b) an emancipated minor. See Utah Code 75A-3-101
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75A-3-101
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• APRN: means an individual who is:
       (4)(a) certified or licensed as an advance practice registered nurse under Subsection 58-31b-301(2)(e);
       (4)(b) an independent practitioner; and
       (4)(c) acting within the scope of practice for that individual, as provided by law, rule, and specialized certification and training in that individual's area of practice. See Utah Code 75A-3-101
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Capacity to appoint an agent: means that the adult understands the consequences of appointing a particular individual as agent. See Utah Code 75A-3-101
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75A-3-101
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Default surrogate: means the adult who may make decisions for an individual when either:
       (9)(a) an agent or guardian has not been appointed; or
       (9)(b) an agent is not able, available, or willing to make decisions for an adult. See Utah Code 75A-3-101
• Estate: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-3-101
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-3-101
• Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75A-3-101
• Health care decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
       (16)(a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;
       (16)(b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and
       (16)(c) the ability to communicate a decision. See Utah Code 75A-3-101
• Health care facility: means :
       (17)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
       (17)(b) private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions. See Utah Code 75A-3-101
• Health care provider: means the same as that term is defined in Section 78B-3-403, except that "health care provider" does not include an emergency medical services provider. See Utah Code 75A-3-101
• Incapacitated: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-3-101
• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Physician: means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 75A-3-101
• Physician assistant: means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 75A-3-101
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-3-101
• Surrogate: means a health care decision maker who is:
       (31)(a) an appointed agent;
       (31)(b) a default surrogate under the provisions of Section 75A-3-203; or
       (31)(c) a guardian. See Utah Code 75A-3-101
• Trust: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-3-101
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5