Utah Code 75-2a-105. Capacity to complete an advance health care directive
Current as of: 2024 | Check for updates
|
Other versions
(1) An adult is presumed to have the capacity to complete an advance health care directive.
Terms Used In Utah Code 75-2a-105
- Adult: means an individual who is:(1)(a) at least 18 years old; or(1)(b) an emancipated minor. See Utah Code 75-2a-103
- Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75-2a-103
- Capacity to appoint an agent: means that the adult understands the consequences of appointing a particular individual as agent. See Utah Code 75-2a-103
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- 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 75-2a-103
- Health care decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
(13)(a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;(13)(b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and(13)(c) the ability to communicate a decision. See Utah Code 75-2a-103- 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 75-2a-103- Person: means an individual or an organization. See Utah Code 75-1-201 v2
(2) An adult who is found to lack health care decision making capacity under the provisions of Section75-2a-104 :(2)(a) lacks the capacity to give an advance health care directive, including Part II of the form created in Section75-2a-117 , or any other substantially similar form expressing a health care preference; and(2)(b) may retain the capacity to appoint an agent and complete Part I of the form created in Section75-2a-117 .(3) The following factors shall be considered by a health care provider, attorney, or court when determining whether an adult described in Subsection(2)(b) has retained the capacity to appoint an agent:(3)(a) whether the adult has expressed over time an intent to appoint the same person as agent;(3)(b) whether the choice of agent is consistent with past relationships and patterns of behavior between the adult and the prospective agent, or, if inconsistent, whether there is a reasonable justification for the change; and(3)(c) whether the adult’s expression of the intent to appoint the agent occurs at times when, or in settings where, the adult has the greatest ability to make and communicate decisions.