Unless otherwise provided in the health care directive:
(1)
a health care provider or health care facility may, in good faith, rely on any health care directive, power of attorney, or similar instrument:
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Terms Used In Utah Code 75-2a-121
Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. 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 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
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
executed in another state; or
(b)
executed prior to January 1, 2008, in this state under the provisions of Chapter 2, Part 11, Personal Choice and Living Will Act;
(2)
a health care directive executed under the provisions of this chapter shall be governed pursuant to the provisions of this chapter that were in effect at that time, unless it appears from the directive that the declarant intended the current provisions of this chapter to apply; and
(3)
the health care directive described in Subsection (1) is presumed to comply with the requirements of this chapter.
