Utah Code Title 75. Utah Uniform Probate Code § 75-2a-108. Default surrogates

(1)(a) Any member of the class described in Subsection (1)(b) may act as an adult's surrogate if:

(b) Except as provided in Subsection (1)(a), and subject to Subsection (1)(c), the following classes of the adult's family, in descending order of priority, may act as the adult's surrogate:

(c) A person described in Subsection (1)(b), may not direct an adult's care if a person of a higher priority class is able and willing to act as a surrogate for the adult.

(d) A court may disqualify a person described in Subsection (1)(b) from acting as a surrogate if the court finds that the person has acted in a manner that is inconsistent with the position of trust in which a surrogate is placed.

(a) has health care decision making capacity;

(b) has exhibited special care and concern for the patient;

(c) knows the patient and the patient's personal values;  and

(d) is reasonably available to act as a surrogate.

(a) have an equal or higher priority and are not acting as surrogate;  and

(b) can be readily contacted.

(a) more than one member of the highest priority class assumes authority to act as default surrogate;

(b) the members of the class do not agree on a health care decision;  and

(c) the health care provider is informed of the disagreement among the members of the class.

(5)(a) An adult may at any time disqualify a default surrogate, including a member of the adult's family, from acting as the adult's surrogate by:

(b) Disqualification of a surrogate is effective even if the adult has been found to lack health care decision making capacity.

(a) require the person to provide a sworn statement giving facts and circumstances reasonably sufficient to establish the claimed authority;  or

(b) seek a ruling from the court under Section 75-2a-120.