(1) A court-appointed guardian shall comply with an adult‘s advance health care directive and may not revoke the adult’s advance health care directive unless the court, for cause, expressly revokes the adult’s directive.
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Terms Used In Utah Code 75-2a-112

  • 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
  • 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
  • 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 a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section 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
  • Surrogate: means a health care decision maker who is:
         (23)(a) an appointed agent;
         (23)(b) a default surrogate under the provisions of Section 75-2a-108; or
         (23)(c) a guardian. See Utah Code 75-2a-103
(2) A health care decision of an agent takes precedence over that of a guardian, in the absence of a court order to the contrary.
(3) Except as provided in Subsections (1) and (2), a health care decision made by a guardian for the adult patient is effective without judicial approval.
(4) A guardian is not subject to civil or criminal liability or to claims of unprofessional conduct for a surrogate health care decision made:

     (4)(a) in good faith; and
     (4)(b) in accordance with Section 75-2a-110.
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