Utah Code 75-2a-110. Surrogate decision making — Scope of authority

(1)

A surrogate acting under the authority of either Section 75-2a-107 or 75-2a-108 shall make health care decisions in accordance with:

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Terms Used In Utah Code 75-2a-110

Adult: means an individual who is:

(a)	at least 18 years old; or

(b)

an emancipated minor. 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 facility: means :

(a)	a health care facility as defined in 2; and

(b)

private offices of physicians, dentists, and other health care providers licensed to provide health care under Title 58, Occupations and Professions. See Utah Code 75-2a-103

Substituted judgment: means the standard to be applied by a surrogate when making a health care decision for an adult who previously had the capacity to make health care decisions, which requires the surrogate to consider:

(a)

specific preferences expressed by the adult:

(i)	when the adult had the capacity to make health care decisions; and

(ii)	at the time the decision is being made;

(b)	the surrogate's understanding of the adult's health care preferences;

(c)	the surrogate's understanding of what the adult would have wanted under the circumstances; and

(d)

to the extent that the preferences described in Subsections (22)(a) through (c) are unknown, the best interest of the adult. See Utah Code 75-2a-103

Surrogate: means a health care decision maker who is:

(a)	an appointed agent;

(b)	a default surrogate under the provisions of Section 75-2a-108; or

(c)	a guardian. See Utah Code 75-2a-103
(a)	the adult‘s current preferences, to the extent possible;

(b)	the adult’s written or oral health care directions, if any; or

(c)	the substituted judgment standard.

(2)

A surrogate acting under authority of Sections 75-2a-107 and 75-2a-108:

(a)	may not admit the adult to a licensed health care facility for long-term custodial placement other than for assessment, rehabilitative, or respite care over the objection of the adult; and

(b)	may make health care decisions, including decisions to terminate life sustaining treatment for the adult patient in accordance with Subsection (1).

(3)

A surrogate acting under authority of this section is not subject to civil or criminal liability or claims of unprofessional conduct for surrogate health care decisions made:

(a)	in accordance with this section; and

(b)	in good faith.

Amended by Chapter 107, 2008 General Session

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