Terms Used In Utah Code > Title 75 > Chapter 2a - Advance Health Care Directive Act

• Administrator: means the director of the Division of Occupational Safety and Health. See Utah Code 34A-6-103
• 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 75-2a-103
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75-2a-103
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Application: means a written request to the registrar for an order of informal probate or appointment under Chapter 3, Part 3, Informal Probate and Appointment Proceedings. See Utah Code 75-1-201 v2
• APRN: means an individual who is:
       (4)(a) certified or licensed as an advance practice registered nurse under Subsection 58-31b-301(2)(e);
       (4)(b) an independent practitioner; and
       (4)(c) acting within the scope of practice for that individual, as provided by law, rule, and specialized certification and training in that individual's area of practice. See Utah Code 75-2a-103
• 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}
• Best interest: means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from the treatment, taking into account:
       (5)(a) the effect of the treatment on the physical, emotional, and cognitive functions of the individual;
       (5)(b) the degree of physical pain or discomfort caused to the individual by the treatment or the withholding or withdrawal of treatment;
       (5)(c) the degree to which the individual's medical condition, the treatment, or the withholding or withdrawal of treatment, result in a severe and continuing impairment of the dignity of the individual by subjecting the individual to humiliation and dependency;
       (5)(d) the effect of the treatment on the life expectancy of the individual;
       (5)(e) the prognosis of the individual for recovery with and without the treatment;
       (5)(f) the risks, side effects, and benefits of the treatment, or the withholding or withdrawal of treatment; and
       (5)(g) the religious beliefs and basic values of the individual receiving treatment, to the extent these may assist the decision maker in determining the best interest. See Utah Code 75-2a-103
• Capacity to appoint an agent: means that the adult understands the consequences of appointing a particular individual as agent. See Utah Code 75-2a-103
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commission: means the Labor Commission. See Utah Code 34A-6-103
• Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75-2a-103
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Default surrogate: means the adult who may make decisions for an individual when either:
       (8)(a) an agent or guardian has not been appointed; or
       (8)(b) an agent is not able, available, or willing to make decisions for an adult. See Utah Code 75-2a-103
• Dependent: A person dependent for support upon another.
• Disability: means cause for a protective order as described by Section 75-5-401. See Utah Code 75-1-201 v2
• Division: means the Division of Occupational Safety and Health. See Utah Code 34A-6-103
• Emergency medical services provider: means a person that is licensed, designated, or certified under Title 53, Chapter 2d, Emergency Medical Services Act. See Utah Code 75-2a-103
• Employee: includes any person suffered or permitted to work by an employer. See Utah Code 34A-6-103
• Employer: means :
            (1)(f)(i) the state;
            (1)(f)(ii) a county, city, town, and school district in the state; and
            (1)(f)(iii) a person, including a public utility, having one or more workers or operatives regularly employed in the same business, or in or about the same establishment, under any contract of hire. See Utah Code 34A-6-103
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
• 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.
• Federal executive agency: means an executive agency, as defined in Utah Code 34A-6-103
• First responder: means :
            (1)(b)(i) a first responder as defined in Section 34A-2-102;
            (1)(b)(ii) an individual employed by:

                 (1)(b)(ii)(A) a health care facility as defined in Section 26B-2-201;

                 (1)(b)(ii)(B) an office of a physician, chiropractor, or dentist;

                 (1)(b)(ii)(C) a nursing home;

                 (1)(b)(ii)(D) a retirement facility;

                 (1)(b)(ii)(E) a home health care provider;

                 (1)(b)(ii)(F) a pharmacy;

                 (1)(b)(ii)(G) a facility that performs laboratory or medical testing on human specimens; or

                 (1)(b)(ii)(H) an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G);
            (1)(b)(iii) an individual employed by, working with, or working at the direction of a local health department; or
            (1)(b)(iv) a volunteer, as defined in Section 67-20-2, providing services to a local health department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act. See Utah Code 34A-3-201
• Franchise: means the same as that term is defined in Utah Code 34A-6-103
• Franchisee: means the same as that term is defined in Utah Code 34A-6-103
• Franchisor: means the same as that term is defined in Utah Code 34A-6-103
• Fraud: Intentional deception resulting in injury to another.
• Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section Utah Code 75-1-201 v2
• 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.
• 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
• Health care decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
       (13)(a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;
       (13)(b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and
       (13)(c) the ability to communicate a decision. See Utah Code 75-2a-103
• Health care facility: means :
       (14)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
       (14)(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 75-2a-103
• 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 75-2a-103
• Hearing: means a proceeding conducted by the commission. See Utah Code 34A-6-103
• 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
• Incapacity: means incapacitated. See Utah Code 75-1-201 v2
• Intestate: Dying without leaving a will.
• Issue: means a descendant of an individual. See Utah Code 75-1-201 v2
• 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.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Life sustaining care: means any medical intervention, including procedures, administration of medication, or use of a medical device, that maintains life by sustaining, restoring, or supplanting a vital function. See Utah Code 75-2a-103
• 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
• National consensus standard: means any occupational safety and health standard or modification:
            (1)(m)(i) adopted by a nationally recognized standards-producing organization under procedures where it can be determined by the administrator and division that persons interested and affected by the standard have reached substantial agreement on its adoption;
            (1)(m)(ii) formulated in a manner which affords an opportunity for diverse views to be considered; and
            (1)(m)(iii) designated as such a standard by the secretary of the United States Department of Labor. See Utah Code 34A-6-103
• 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.
• Order for life sustaining treatment: means an order related to life sustaining treatment, on a form designated by the Department of Health and Human Services under Section 75-2a-106, that gives direction to health care providers, health care facilities, and emergency medical services providers regarding the specific health care decisions of the individual to whom the order relates. See Utah Code 75-2a-103
• Organization: includes a corporation, limited liability company, business trust, estate, trust, partnership, joint venture, association, government or governmental subdivision or agency, or any other legal or commercial entity. See Utah Code 75-1-201 v2
• Parent: includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question. See Utah Code 75-1-201 v2
• Person: means an individual or an organization. See Utah Code 75-1-201 v2
• Person: means the general public, one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, and the state and its political subdivisions. See Utah Code 34A-6-103
• Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Utah Code 75-1-201 v2
• Petition: means a written request to the court for an order after notice. See Utah Code 75-1-201 v2
• Physician: means an individual licensed under:
            (1)(c)(i) Title 58, Chapter 67, Utah Medical Practice Act;
            (1)(c)(ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
            (1)(c)(iii) Title 58, Chapter 70a, Utah Physician Assistant Act; or
            (1)(c)(iv) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse. See Utah Code 34A-3-201
• Physician: means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 75-2a-103
• Physician assistant: means an individual licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 75-2a-103
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Publish: means publication in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 34A-6-103
• Reasonably available: means :
       (21)(a) readily able to be contacted without undue effort; and
       (21)(b) willing and able to act in a timely manner considering the urgency of the circumstances. See Utah Code 75-2a-103
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-1-201 v2
• Secretary: means the secretary of the United States Department of Labor. See Utah Code 34A-6-103
• Sign: means , with present intent to authenticate or adopt a record other than a will:
       (51)(a) to execute or adopt a tangible symbol; or
       (51)(b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 75-1-201 v2
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Standard: means an occupational health and safety standard or group of standards which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary to provide safety and healthful employment and places of employment. See Utah Code 34A-6-103
• 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
• 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• 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:
       (22)(a) specific preferences expressed by the adult:

            (22)(a)(i) when the adult had the capacity to make health care decisions; and

            (22)(a)(ii) at the time the decision is being made;
       (22)(b) the surrogate's understanding of the adult's health care preferences;
       (22)(c) the surrogate's understanding of what the adult would have wanted under the circumstances; and
       (22)(d) to the extent that the preferences described in Subsections (22)(a) through (c) are unknown, the best interest of the adult. See Utah Code 75-2a-103
• 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
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trust: includes :
            (60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;
            (60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or
            (60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2
• Unincorporated entity: means an entity organized or doing business in the state that is not:
            (1)(r)(i) an individual;
            (1)(r)(ii) a corporation; or
            (1)(r)(iii) publicly traded. See Utah Code 34A-6-103
• 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
• Utah minimum wage: means the highest wage designated as Utah's minimum wage under Title 34, Chapter 40, Utah Minimum Wage Act. See Utah Code 34A-3-201
• Variance: means a special, limited modification or change in the code or standard applicable to the particular establishment of the employer or person petitioning for the modification or change. See Utah Code 34A-6-103
• Workplace: means any place of employment. See Utah Code 34A-6-103
• 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