Utah Code 75A-3-304. Presumption of validity of advance health care directive
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(1) An advance health care directive executed under this chapter is presumed valid and binding.
Terms Used In Utah Code 75A-3-304
- 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
- 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
- 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(2) A health care provider and a health care facility, in the absence of notice to the contrary, shall presume that a declarant who executed an advance 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.(3) The fact that a declarant executed an advance health care directive shall not be construed as an indication that the declarant was suffering from mental illness or lacked decision making capacity. - Health care provider: means the same as that term is defined in Section