Utah Code 75A-3-302. Capacity to complete an advance health care directive
Current as of: 2024 | Check for updates
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(1) An adult is presumed to have the capacity to complete an advance health care directive.
Terms Used In Utah Code 75A-3-302
- Adult: means an individual who is:(1)(a) at least 18 years old; or(1)(b) an emancipated minor. See Utah Code 75A-3-101
- Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75A-3-101
- Capacity to appoint an agent: means that the adult understands the consequences of appointing a particular individual as agent. See Utah Code 75A-3-101
- 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 75A-3-101
- Health care decision making capacity: means an adult's ability to make an informed decision about receiving or refusing health care, including:
(16)(a) the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;(16)(b) the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and(16)(c) the ability to communicate a decision. See Utah Code 75A-3-101- 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 75A-3-101- 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(2) An adult who is found to lack health care decision making capacity under the provisions of Section75A-3-201 :(2)(a) lacks the capacity to give an advance health care directive, including Part II of the form created in Section75A-3-303 , or any other substantially similar form expressing a health care preference; and(2)(b) may retain the capacity to appoint an agent and complete Part I of the form created in Section75A-3-303 .(3) The following factors shall be considered by a health care provider, attorney, or court when determining whether an adult described in Subsection (2)(b) has retained the capacity to appoint an agent:(3)(a) whether the adult has expressed over time an intent to appoint the same person as agent;(3)(b) whether the choice of agent is consistent with past relationships and patterns of behavior between the adult and the prospective agent, or, if inconsistent, whether there is a reasonable justification for the change; and(3)(c) whether the adult’s expression of the intent to appoint the agent occurs at times when, or in settings where, the adult has the greatest ability to make and communicate decisions.