Utah Code 75-2a-105. Capacity to complete an advance health care directive

(1)	An adult is presumed to have the capacity to complete an advance health care directive.

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Terms Used In Utah Code 75-2a-105

Adult: means an individual who is:

(a)	at least 18 years old; or

(b)

an emancipated minor. See Utah Code 75-2a-103

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

Capacity to appoint an agent: means that the adult understands the consequences of appointing a particular person as agent. See Utah Code 75-2a-103

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:

(a)	the ability to understand the nature, extent, or probable consequences of health status and health care alternatives;

(b)	the ability to make a rational evaluation of the burdens, risks, benefits, and alternatives of accepting or rejecting health care; and

(c)

the ability to communicate a decision. 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

Person: means :Utah Code 68-3-12.5

(2)

An adult who is found to lack health care decision making capacity under the provisions of Section 75-2a-104:

(a)	lacks the capacity to give an advance health care directive, including Part II of the form created in Section 75-2a-117, or any other substantially similar form expressing a health care preference; and

(b)	may retain the capacity to appoint an agent and complete Part I of the form created in Section 75-2a-117.

(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:

(a)	whether the adult has expressed over time an intent to appoint the same person as agent;

(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

(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.

Amended by Chapter 107, 2008 General Session

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