Utah Code 75-2a-112. Decisions by guardian

(1)	A court-appointed guardian shall comply with an adult‘s advance health care directive and may not revoke the adult’s advance health care directive unless the court, for cause, expressly revokes the adult’s directive.

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Terms Used In Utah Code 75-2a-112

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

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Guardian: includes a person who:Utah Code 68-3-12.5

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

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
(2)	A health care decision of an agent takes precedence over that of a guardian, in the absence of a court order to the contrary.

(3)	Except as provided in Subsections (1) and (2), a health care decision made by a guardian for the adult patient is effective without judicial approval.

(4)

A guardian is not subject to civil or criminal liability or to claims of unprofessional conduct for a surrogate health care decision made:

(a)	in good faith; and

(b)	in accordance with Section 75-2a-110.

Amended by Chapter 107, 2008 General Session

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