Utah Code Title 75A. Fiduciaries § 75A-3-201. Capacity to make health care decisions--Presumption--Overcoming presumption

(a) health care decision making capacity; and

(b) capacity to make or revoke an advance health care directive.

(a) find that the adult lacks health care decision making capacity;

(b) record the finding in the adult's medical chart including an indication of whether the adult is likely to regain health care decision making capacity; and

(c) make a reasonable effort to communicate the determination to:

(3)(a) An adult who is found to lack health care decision making capacity in accordance with Subsection (2) may, at any time, challenge the finding by:

(b) A health care provider who is informed of a challenge under Subsection (3)(a), shall, if the adult has a surrogate, promptly inform the surrogate of the adult's challenge.

(c) A surrogate informed of a challenge to a finding under this section, or the adult if no surrogate is acting on the adult's behalf, shall inform the following of the adult's challenge:

(d) Unless otherwise ordered by a court, a finding, under Subsection (2), that the adult lacks health care decision making capacity, is not in effect if the adult challenges the finding under Subsection (3)(a).

(e) If an adult does not challenge the finding described in Subsection (2), the health care provider and health care facility may rely on a surrogate, pursuant to the provisions of this chapter, to make health care decisions for the adult.