A surrogate becomes a personal representative for an adult under the Health Insurance Portability and Accountability Act of 1996 when:

(1)  the adult 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-113

  • 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
  • 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
  • Writing: includes :Utah Code 68-3-12.5
  • (2)  the adult grants current authority to the surrogate either:

    (a)  in writing; or

    (b)  by other expression before a witness who is not the surrogate or agent; or

    (3)  the court appoints a guardian authorized to make health care decisions on behalf of the adult.

    Amended by Chapter 107, 2008 General Session