Unless otherwise provided in the advance health care directive:

(1) a health care provider or health care facility may, in good faith, rely on any advance health care directive, power of attorney, or similar instrument:

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Terms Used In Utah Code 75A-3-309

  • Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75A-3-101
  • 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 75A-3-101
  • Health care facility: means :
         (17)(a) a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
         (17)(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 75A-3-101
  • 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 75A-3-101
  • 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: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-3-101
     (1)(a) executed in another state; or
     (1)(b) executed prior to January 1, 2008, in this state;
(2) an advance 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 advance health care directive described in Subsection (1) is presumed to comply with the requirements of this chapter.