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Utah Code Title 75A. Fiduciaries § 75A-3-202. Effect of current health care preferences--Health care decision making

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) An adult with health care decision making capacity retains the right to make health care decisions as long as the adult has health care decision making capacity.

(b) For purposes of this chapter, the inability to communicate through speech does not mean that the adult lacks health care decision making capacity.

(2) An adult's current health care decisions, however expressed or indicated, always supersede an adult's prior decisions or health care directives.

(3) Unless otherwise directed in an advance health care directive, an advance health care directive or the authority of a surrogate to make health care decisions on behalf of an adult:

(a) is effective only after a physician, physician assistant, or APRN makes a determination of incapacity as provided in Section 75A-3-201;

(b) remains in effect during any period of time in which the declarant lacks capacity to make health care decisions; and

(c) ceases to be effective when:

(i) a declarant disqualifies a surrogate or revokes the advance health care directive;

(ii) a health care provider finds that the declarant has health care decision making capacity;

(iii) a court issues an order invalidating a health care directive; or

(iv) the declarant has challenged the finding of incapacity under the provisions of Subsection 75A-3-201(3).

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Cite this article: FindLaw.com - Utah Code Title 75A. Fiduciaries § 75A-3-202. Effect of current health care preferences--Health care decision making - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-75a-fiduciaries/ut-code-sect-75a-3-202/

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