Utah Code 75-2a-113. 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 75-2a-104;

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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 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
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
Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. 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 Section 75-2a-108; or
     (23)(c) a guardian. See Utah Code 75-2a-103
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.