Utah Code 75A-3-208. Personal representative status

A surrogate becomes a personal representative for an adult under the Health Insurance Portability and Accountability Act of 1996 when:

(1) the adult has been found to lack health care decision making capacity under Section 75A-3-201;

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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
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
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
Personal representative: 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
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

(2) the adult grants current authority to the surrogate either:

(2)(a) in writing; or

(2)(b) by other expression before a witness who is not the surrogate or agent; or

(3) the court appoints a guardian authorized to make health care decisions on behalf of the adult.