Utah Code 75A-3-301. Advance health care directive — Appointment of agent — Powers of agent
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Terms Used In Utah Code 75A-3-301
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- 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
- Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75A-3-101
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75A-3-101
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Estate: means the same as that term is defined in Section
75-1-201 . 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 decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
(16)(a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;(16)(b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and(16)(c) the ability to communicate a decision. 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- 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 75A-3-101- Intestate: Dying without leaving a will.
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- State: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-3-101- Trust: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-3-101(1)(a) An adult may make an advance health care directive in which the adult may:(1)(a)(i) appoint a health care agent or choose not to appoint a health care agent;(1)(a)(ii) give directions for the care of the adult after the adult loses health care decision making capacity;(1)(a)(iii) choose not to give directions;(1)(a)(iv) state conditions that must be met before life sustaining treatment may be withheld or withdrawn;(1)(a)(v) authorize an agent to consent to the adult’s participation in medical research;(1)(a)(vi) nominate a guardian;(1)(a)(vii) authorize an agent to consent to organ donation;(1)(a)(viii) expand or limit the powers of a health care agent; and(1)(a)(ix) designate the agent’s access to the adult’s medical records.(1)(b) An advance health care directive may be oral or written.(1)(c) An advance health care directive shall be witnessed by a disinterested adult. The witness may not be:(1)(c)(i) the person who signed the directive on behalf of the declarant;(1)(c)(ii) related to the declarant by blood or marriage;(1)(c)(iii) entitled to any portion of the declarant’s estate according to the laws of intestate succession of this state or under any will or codicil of the declarant;(1)(c)(iv) the beneficiary of any of the following that are held, owned, made, or established by, or on behalf of, the declarant:(1)(c)(iv)(A) a life insurance policy;(1)(c)(iv)(B) a trust;(1)(c)(iv)(C) a qualified plan;(1)(c)(iv)(D) a pay on death account; or(1)(c)(iv)(E) a transfer on death deed;(1)(c)(v) entitled to benefit financially upon the death of the declarant;(1)(c)(vi) entitled to a right to, or interest in, real or personal property upon the death of the declarant;(1)(c)(vii) directly financially responsible for the declarant’s medical care;(1)(c)(viii) a health care provider who is:(1)(c)(viii)(A) providing care to the declarant; or(1)(c)(viii)(B) an administrator at a health care facility in which the declarant is receiving care; or(1)(c)(ix) the appointed agent.(1)(d) The witness to an oral advance health care directive shall state the circumstances under which the directive was made.(2) An agent appointed under the provisions of this section may not be a health care provider for the declarant, or an owner, operator, or employee of the health care facility at which the declarant is receiving care unless the agent is related to the declarant by blood, marriage, or adoption.