Utah Code 75-2a-116. Presumption of validity of directive
Current as of: 2024 | Check for updates
|
Other versions
(1) A health care directive executed under this chapter is presumed valid and binding.
Terms Used In Utah Code 75-2a-116
- Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. 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 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
(2) Health care providers and health care facilities, in the absence of notice to the contrary, shall presume that a declarant who executed a health care directive, whether or not in the presence of a health care provider, had the required decision making capacity at the time the declarant signed the directive. The fact a declarant executed a health care directive shall not be construed as an indication that the declarant was suffering from mental illness or lacked decision making capacity.