Utah Code 75-2a-102. Intent statement
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(1) The Legislature finds:
Terms Used In Utah Code 75-2a-102
- 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
- Best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from the treatment, taking into account:
(5)(a) the effect of the treatment on the physical, emotional, and cognitive functions of the individual;(5)(b) the degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of treatment;(5)(c) the degree to which the individual's medical condition, the treatment, or the withholding or withdrawal of treatment, result in a severe and continuing impairment of the dignity of the individual by subjecting the individual to humiliation and dependency;(5)(d) the effect of the treatment on the life expectancy of the individual;(5)(e) the prognosis of the individual for recovery with and without the treatment;(5)(f) the risks, side effects, and benefits of the treatment, or the withholding or withdrawal of treatment; and(5)(g) the religious beliefs and basic values of the individual receiving treatment, to the extent these may assist the decision maker in determining the best interest. See Utah Code 75-2a-103- 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- Incapacitated: means a judicial determination after proof by clear and convincing evidence that an adult's ability to do the following is impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care:
(24)(a) receive and evaluate information;(24)(b) make and communicate decisions; or(24)(c) provide for necessities such as food, shelter, clothing, health care, or safety. See Utah Code 75-1-201 v2- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
- Surrogate: means a health care decision maker who is:
(23)(a) an appointed agent;(23)(b) a default surrogate under the provisions of Section75-2a-108 ; or(23)(c) a guardian. See Utah Code 75-2a-103(1)(a) developments in health care technology make possible many alternatives for treating medical conditions and make possible the unnatural prolongation of life;(1)(b) an adult should have the clear legal choice to:(1)(b)(i) accept or reject health care, even if rejecting health care will result in death sooner than death would be expected to occur if rejected health care were started or continued;(1)(b)(ii) be spared unwanted procedures; and(1)(b)(iii) be permitted to die with a maximum of dignity and function and a minimum of pain;(1)(c) Utah law should:(1)(c)(i) provide an adult with a legal tool to designate a health care agent and express preferences about health care options to go into effect only after the adult loses the ability to make or communicate health care decisions, including decisions about end-of-life care; and(1)(c)(ii) promote an advance health care directive system that can be administered effectively within the health care system;(1)(d) surrogate decisions made on behalf of an adult who previously had capacity to make health care decisions, but who has lost health care decision making capacity should be based on:(1)(d)(i) input from the incapacitated adult, to the extent possible under the circumstances;(1)(d)(ii) specific preferences expressed by the adult prior to the loss of health care decision making capacity;(1)(d)(iii) the surrogate’s understanding of the adult’s health care preferences; and(1)(d)(iv) the surrogate’s understanding of what the adult would have wanted under the circumstances; and(1)(e) surrogate decisions made on behalf of an adult who has never had health care decision making capacity should be made on the basis of the adult’s best interest.(2) In recognition of the dignity and privacy that each adult is entitled to expect, and to protect the right of an adult to refuse to be treated without the adult’s consent, the Legislature declares that this state recognizes the right to make binding advance health care directives directing health care providers to:(2)(a) provide life sustaining medically indicated health care;(2)(b) withhold or withdraw health care; or(2)(c) provide health care only to the extent set forth in an advance health care directive.