Utah Code 75A-3-204. Surrogate decision making — Scope of authority
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(1) A surrogate acting under the authority of Section 75A-3-203 or 75A-3-301 shall make health care decisions in accordance with:
Terms Used In Utah Code 75A-3-204
- Adult: means an individual who is:(1)(a) at least 18 years old; or(1)(b) an emancipated minor. See Utah Code 75A-3-101
- 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 75A-3-101
- Health care facility: means :
(17)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and(17)(b) private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions. See Utah Code 75A-3-101- Substituted judgment: means the standard to be applied by a surrogate when making a health care decision for an adult who previously had the capacity to make health care decisions, which requires the surrogate to consider:
(30)(a) specific preferences expressed by the adult:(30)(a)(i) when the adult had the capacity to make health care decisions; and(30)(a)(ii) at the time the decision is being made;(30)(b) the surrogate's understanding of the adult's health care preferences;(30)(c) the surrogate's understanding of what the adult would have wanted under the circumstances; and(30)(d) to the extent that the preferences described in Subsections (30)(a) through (c) are unknown, the best interest of the adult. See Utah Code 75A-3-101- Surrogate: means a health care decision maker who is:
(31)(a) an appointed agent;(31)(b) a default surrogate under the provisions of Section75A-3-203 ; or(31)(c) a guardian. See Utah Code 75A-3-101(1)(a) the adult‘s current preferences, to the extent possible;(1)(b) the adult’s written or oral health care directions, if any; or(1)(c) the substituted judgment standard.(2) A surrogate acting under the authority of Section75A-3-203 or75A-3-301 :(2)(a) may not admit the adult to a licensed health care facility for long-term custodial placement other than for assessment, rehabilitative, or respite care over the objection of the adult; and(2)(b) may make health care decisions, including decisions to terminate life sustaining treatment for the adult patient in accordance with Subsection (1).(3) A surrogate acting under authority of this section is not subject to civil or criminal liability or claims of unprofessional conduct for surrogate health care decisions made:(3)(a) in accordance with this section; and(3)(b) in good faith.