Utah Code 75-2a-111. Priority of decision makers

(1)

The following is the order of priority of those authorized to make health care decisions on behalf of an adult who has been found to lack health care decision making capacity under Section 75-2a-104:

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Terms Used In Utah Code 75-2a-111

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

Default surrogate: means the adult who may make decisions for an individual when either:

(a)	an agent or guardian has not been appointed; or

(b)

an agent is not able, available, or willing to make decisions for an adult. 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 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

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

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)

a health care agent appointed by an adult under the provisions of Section 75-2a-107 unless the agent has been disqualified by:

(i)	the adult; or

(ii)	a court of law;

(b)	a court-appointed guardian; or

(c)	the highest priority default surrogate acting under authority of Section 75-2a-108.

(2)	A health care provider or health care facility obtaining consent for health care from a surrogate shall make a reasonable effort to identify and obtain consent from the surrogate with the highest priority.

Amended by Chapter 107, 2008 General Session

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