Terms Used In Utah Code > Title 57 > Chapter 1 - Conveyances

• Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26B-2-201
• Activities of daily living: means essential activities including:
       (2)(a) dressing;
       (2)(b) eating;
       (2)(c) grooming;
       (2)(d) bathing;
       (2)(e) toileting;
       (2)(f) ambulation;
       (2)(g) transferring; and
       (2)(h) self-administration of medication. See Utah Code 26B-2-201
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Ambulatory surgical facility: means a freestanding facility, which provides surgical services to patients not requiring hospitalization. See Utah Code 26B-2-201
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Applicant: means a person that applies for an initial license or a license renewal under this part. See Utah Code 26B-2-101
• Arrest: Taking physical custody of a person by lawful authority.
• Assistance with activities of daily living: means providing of or arranging for the provision of assistance with activities of daily living. See Utah Code 26B-2-201
• Assisted living facility: means :
            (5)(a)(i) a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who:

                 (5)(a)(i)(A) require protected living arrangements; and

                 (5)(a)(i)(B) are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and
            (5)(a)(ii) a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201
• Associated with the licensee: means that an individual is:
            (4)(a)(i) affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or
            (4)(a)(ii) applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101
• 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}
• Birthing center: means a facility that:
       (6)(a) receives maternal clients and provides care during pregnancy, delivery, and immediately after delivery; and
       (6)(b)

            (6)(b)(i) is freestanding; or

            (6)(b)(ii) is not freestanding, but meets the requirements for an alongside midwifery unit described in Subsection 26B-2-228(7). See Utah Code 26B-2-201
• Boarding school: means a private school that:
            (5)(a)(i) uses a regionally accredited education program;
            (5)(a)(ii) provides a residence to the school's students:

                 (5)(a)(ii)(A) for the purpose of enabling the school's students to attend classes at the school; and

                 (5)(a)(ii)(B) as an ancillary service to educating the students at the school;
            (5)(a)(iii) has the primary purpose of providing the school's students with an education, as defined in Subsection (5)(b)(i); and
            (5)(a)(iv)

                 (5)(a)(iv)(A) does not provide the treatment or services described in Subsection (40)(a); or

                 (5)(a)(iv)(B) provides the treatment or services described in Subsection (40)(a) on a limited basis, as described in Subsection (5)(b)(ii). See Utah Code 26B-2-101
• Certification: means a less restrictive level of licensure issued by the department. See Utah Code 26B-2-101
• Child: means an individual under 18 years old. See Utah Code 26B-2-101
• Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of:
       (8)(a) finding a person to adopt the child;
       (8)(b) placing the child in a home for adoption; or
       (8)(c) foster home placement. See Utah Code 26B-2-101
• Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Committee: means the Health Facility Committee created in Section 26B-1-204. See Utah Code 26B-2-201
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Congregate care program: means any of the following that provide services to a child:
            (11)(a)(i) an outdoor youth program;
            (11)(a)(ii) a residential support program;
            (11)(a)(iii) a residential treatment program; or
            (11)(a)(iv) a therapeutic school. See Utah Code 26B-2-101
• Consumer: means any person not primarily engaged in the provision of health care to individuals or in the administration of facilities or institutions in which such care is provided and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in the provision of health care, and does not receive, either directly or through his spouse, more than 1/10 of his gross income from any entity or activity relating to health care. See Utah Code 26B-2-201
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department contractor: means an individual who:
       (13)(a) provides services under a contract with the department; and
       (13)(b) due to the contract with the department, has or will likely have direct access to a child or vulnerable adult. See Utah Code 26B-2-101
• Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5
• Direct access: means that an individual has, or likely will have:
       (14)(a) contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or
       (14)(b) an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101
• Directly supervised: means that an individual is being supervised under the uninterrupted visual and auditory surveillance of another individual who has a current background check approval issued by the office. See Utah Code 26B-2-101
• Director: means the director of the office. See Utah Code 26B-2-101
• Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 26B-2-101
• education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101
• Emergency safety intervention: means a tactic used to protect staff or a client from being physically injured, utilized by an appropriately trained direct care staff and only performed in accordance with a nationally or regionally recognized curriculum in the least restrictive manner to restore staff or client safety. See Utah Code 26B-2-101
• End stage renal disease facility: means a facility which furnishes staff-assisted kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis. See Utah Code 26B-2-201
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101
• Fraud: Intentional deception resulting in injury to another.
• Freestanding: means existing independently or physically separated from another health care facility by fire walls and doors and administrated by separate staff with separate records. See Utah Code 26B-2-201
• General acute hospital: means a facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians. See Utah Code 26B-2-201
• Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board, or agency of the state, a county, municipality, or other political subdivision. See Utah Code 26B-2-201
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201
• Health maintenance organization: means an organization, organized under the laws of any state which:
       (14)(a) is a qualified health maintenance organization under Utah Code 26B-2-201
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201
• Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201
• Human services program: means :
            (25)(a)(i) a foster home;
            (25)(a)(ii) a therapeutic school;
            (25)(a)(iii) a youth program;
            (25)(a)(iv) an outdoor youth program;
            (25)(a)(v) a residential treatment program;
            (25)(a)(vi) a residential support program;
            (25)(a)(vii) a resource family home;
            (25)(a)(viii) a recovery residence; or
            (25)(a)(ix) a facility or program that provides:

                 (25)(a)(ix)(A) adult day care;

                 (25)(a)(ix)(B) day treatment;

                 (25)(a)(ix)(C) outpatient treatment;

                 (25)(a)(ix)(D) domestic violence treatment;

                 (25)(a)(ix)(E) child-placing services;

                 (25)(a)(ix)(F) social detoxification; or

                 (25)(a)(ix)(G) any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101
• Indian child: means the same as that term is defined in Utah Code 26B-2-101
• Indian country: means the same as that term is defined in Utah Code 26B-2-101
• Indian tribe: means the same as that term is defined in Utah Code 26B-2-101
• Intellectual disability: means a significant, subaverage general intellectual functioning that:
       (16)(a) exists concurrently with deficits in adaptive behavior; and
       (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Local government: means a city, town, or county. See Utah Code 26B-2-101
• Minor: means child. See Utah Code 26B-2-101
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:
       (17)(a) a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;
       (17)(b) a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or
       (17)(c) a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Private-placement child: means a child whose parent or guardian enters into a contract with a congregate care program for the child to receive services. See Utah Code 26B-2-101
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Recovery residence: means a home, residence, or facility that meets at least two of the following requirements:
            (38)(a)(i) provides a supervised living environment for individuals recovering from a substance use disorder;
            (38)(a)(ii) provides a living environment in which more than half of the individuals in the residence are recovering from a substance use disorder;
            (38)(a)(iii) provides or arranges for residents to receive services related to the resident's recovery from a substance use disorder, either on or off site;
            (38)(a)(iv) is held out as a living environment in which individuals recovering from substance abuse disorders live together to encourage continued sobriety; or
            (38)(a)(v)

                 (38)(a)(v)(A) receives public funding; or

                 (38)(a)(v)(B) is run as a business venture, either for-profit or not-for-profit. See Utah Code 26B-2-101
• Resident: means a person 21 years old or older who:
       (19)(a) as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and
       (19)(b) does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26B-2-201
• Residential treatment: means a 24-hour group living environment for four or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101
• Residential treatment program: means a program or facility that provides:
       (42)(a) residential treatment; or
       (42)(b) intermediate secure treatment. See Utah Code 26B-2-101
• Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) ^{Source: OCC}
• Seclusion: means the involuntary confinement of an individual in a room or an area:
       (43)(a) away from the individual's peers; and
       (43)(b) in a manner that physically prevents the individual from leaving the room or area. See Utah Code 26B-2-101
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Short-term relief care provider: means an individual who:
       (44)(a) provides short-term and temporary relief care to a foster parent:

            (44)(a)(i) for less than six consecutive nights; and

            (44)(a)(ii) in the short-term relief care provider's home;
       (44)(b) is an immediate family member or relative, as those terms are defined in Section 80-3-102, of the foster parent;
       (44)(c) is direct access qualified, as that term is defined in Section 26B-2-120;
       (44)(d) has been approved to provide short-term relief care by the department;
       (44)(e) is not reimbursed by the department for the temporary relief care provided; and
       (44)(f) is not an immediate family member or relative, as those terms are defined in Section 80-3-102, of the foster child. See Utah Code 26B-2-101
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Small health care facility: means a four to 16 bed facility that provides licensed health care programs and services to residents. See Utah Code 26B-2-201
• Specialty hospital: means a facility which provides specialized diagnostic, therapeutic, or rehabilitative services in the recognized specialty or specialties for which the hospital is licensed. See Utah Code 26B-2-201
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Stigmatized: means :
       (4)(a) the site or suspected site of a homicide, other felony, or suicide;
       (4)(b) the dwelling place of a person infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Utah Department of Health determines cannot be transferred by occupancy of a dwelling place; or
       (4)(c) property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act. See Utah Code 57-1-1
• Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Vulnerable adult: means an elder adult or an adult who has a temporary or permanent mental or physical impairment that substantially affects the person's ability to:
       (50)(a) provide personal protection;
       (50)(b) provide necessities such as food, shelter, clothing, or mental or other health care;
       (50)(c) obtain services necessary for health, safety, or welfare;
       (50)(d) carry out the activities of daily living;
       (50)(e) manage the adult's own resources; or
       (50)(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-2-101
• Woman: means an adult human female. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
• Youth transportation company: means any person that transports a child for payment to or from a congregate care program in Utah. See Utah Code 26B-2-101