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Terms Used In Utah Code 75-2a-124

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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
  • 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
  • Minor: means an individual who:
         (18)(a) is under 18 years old; and
         (18)(b) is not an emancipated minor. See Utah Code 75-2a-103
  • Person: means an individual or an organization. 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 Section 75-2a-108; or
         (23)(c) a guardian. See Utah Code 75-2a-103

     The provisions of this chapter are cumulative with existing law regarding a person‘s right to consent or refuse to consent to medical treatment and do not impair any existing rights or responsibilities that a health care provider, a person, including a minor or incapacitated person, or a person’s family or surrogate may have in regard to the provision, withholding or withdrawal of life sustaining procedures under the common law or statutes of the state.