§ 75-2a-101 Title
§ 75-2a-102 Intent statement
§ 75-2a-103 Definitions
§ 75-2a-104 Capacity to make health care decisions — Presumption — Overcoming presumption
§ 75-2a-105 Capacity to complete an advance health care directive
§ 75-2a-106 Emergency medical services — Life with dignity order
§ 75-2a-107 Advance health care directive — Appointment of agent — Powers of agent — Health care directions
§ 75-2a-108 Default surrogates
§ 75-2a-109 Effect of current health care preferences — When a surrogate may act
§ 75-2a-110 Surrogate decision making — Scope of authority
§ 75-2a-111 Priority of decision makers
§ 75-2a-112 Decisions by guardian
§ 75-2a-113 Personal representative status
§ 75-2a-114 Revocation of directive
§ 75-2a-115 Notification to health care provider — Obligations of health care providers — Liability
§ 75-2a-116 Presumption of validity of directive
§ 75-2a-117 Optional form
§ 75-2a-118 Illegal destruction or falsification of health care directive
§ 75-2a-119 Health care directive effect on insurance policies
§ 75-2a-120 Judicial relief
§ 75-2a-121 Reciprocity — Application of former provisions of law
§ 75-2a-122 Effect of act
§ 75-2a-123 Pregnancy
§ 75-2a-124 Provisions cumulative with existing law
§ 75-2a-125 Severability

Terms Used In Utah Code > Title 75 > Chapter 2a

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Adult: means a person who is:
    (a) at least 18 years of age; or
    (b) an emancipated minor. See Utah Code 53-2a-205
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agent: means a person designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 53-2a-205
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • APRN: means a person who is:
    (a) certified or licensed as an advance practice registered nurse under Subsection 58-31b-301(2)(d);
    (b) an independent practitioner;
    (c) acting under a consultation and referral plan with a physician; and
    (d) acting within the scope of practice for that person, as provided by law, rule, and specialized certification and training in that person's area of practice. See Utah Code 53-2a-205
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attack: means a nuclear, cyber, conventional, biological, act of terrorism, or chemical warfare action against the United States of America or this state. See Utah Code 53-2a-102
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Best interest: means that the benefits to the person resulting from a treatment outweigh the burdens to the person resulting from the treatment, taking into account:
    (a) the effect of the treatment on the physical, emotional, and cognitive functions of the person;
    (b) the degree of physical pain or discomfort caused to the person by the treatment or the withholding or withdrawal of treatment;
    (c) the degree to which the person's medical condition, the treatment, or the withholding or withdrawal of treatment, result in a severe and continuing impairment of the dignity of the person by subjecting the person to humiliation and dependency;
    (d) the effect of the treatment on the life expectancy of the person;
    (e) the prognosis of the person for recovery with and without the treatment;
    (f) the risks, side effects, and benefits of the treatment, or the withholding or withdrawal of treatment; and
    (g) the religious beliefs and basic values of the person receiving treatment, to the extent these may assist the decision maker in determining the best interest. See Utah Code 53-2a-205
  • Capacity to appoint an agent: means that the adult understands the consequences of appointing a particular person as agent. See Utah Code 53-2a-205
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commissioner: means the commissioner of the Department of Public Safety or the commissioner's designee. See Utah Code 53-2a-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County executive: means :Utah Code 48-2e-1156
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 53-2a-205
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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 53-2a-205
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Director: means the division director appointed under Section 53-2a-103 or the director's designee. See Utah Code 53-2a-102
  • Disaster: means an event that:
    (a) causes, or threatens to cause, loss of life, human suffering, public or private property damage, or economic or social disruption resulting from attack, internal disturbance, natural phenomena, or technological hazard; and
    (b) requires resources that are beyond the scope of local agencies in routine responses to emergencies and accidents and may be of a magnitude or involve unusual circumstances that require response by government, not-for-profit, or private entities. See Utah Code 53-2a-102
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Emergency Management created in Section 53-2a-103. See Utah Code 53-2a-102
  • Energy: includes the energy resources defined in this chapter. See Utah Code 53-2a-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Expenses: means actual labor costs of government and volunteer personnel, and materials. See Utah Code 53-2a-102
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect a person's physical or mental condition. See Utah Code 53-2a-205
  • 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 53-2a-205
  • Health care facility: means :
    (a) a health care facility as defined in Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; 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 53-2a-205
  • Health care provider: is a s defined in Section 78B-3-403, except that it does not include an emergency medical services provider. See Utah Code 53-2a-205
  • Intestate: Dying without leaving a will.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 48-2e-1156
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Life sustaining care: means any medical intervention, including procedures, administration of medication, or use of a medical device, that maintains life by sustaining, restoring, or supplanting a vital function. See Utah Code 53-2a-205
  • Life with dignity order: means an order, designated by the Department of Health under Section 75-2a-106(5)(a), that gives direction to health care providers, health care facilities, and emergency medical services providers regarding the specific health care decisions of the person to whom the order relates. See Utah Code 53-2a-205
  • Minor: means a person who:
    (a) is under 18 years of age; and
    (b) is not an emancipated minor. See Utah Code 53-2a-205
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 53-2a-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Participating political subdivision: means each county, municipality, public safety district, and public safety interlocal entity that has not adopted a resolution under Section 53-2a-306 withdrawing itself from the statewide mutual aid system. See Utah Code 53-2a-302
  • Person: means :Utah Code 48-2e-1156
  • Personal property: includes :Utah Code 48-2e-1156
  • Physician: means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 53-2a-205
  • Physician assistant: means a person licensed as a physician assistant under Title 58, Chapter 70a, Physician Assistant Act. See Utah Code 53-2a-205
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Public safety district: means a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, that provides public safety service. See Utah Code 53-2a-302
  • Public safety interlocal entity: means an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act, that provides public safety service. See Utah Code 53-2a-302
  • Public safety service: means a service provided to the public to protect life and property and includes fire protection, police protection, emergency medical service, and hazardous material response service. See Utah Code 53-2a-302
  • Reasonably available: means :
    (a) readily able to be contacted without undue effort; and
    (b) willing and able to act in a timely manner considering the urgency of the circumstances. See Utah Code 53-2a-205
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Requesting political subdivision: means a participating political subdivision that requests emergency assistance under Section 53-2a-207 from one or more other participating political subdivisions. See Utah Code 53-2a-302
  • Responding political subdivision: means a participating political subdivision that responds to a request under Section 53-2a-307 from a requesting political subdivision. See Utah Code 53-2a-302
  • State: means the state of Utah. See Utah Code 53-2a-302
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • State of emergency: means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster. See Utah Code 53-2a-102
  • Statute: A law passed by a legislature.
  • Substituted judgment: means the standard to be applied by a surrogate when making a health care decision for an adult who previously had the capacity to make health care decisions, which requires the surrogate to consider:
    (a) specific preferences expressed by the adult:
    (i) when the adult had the capacity to make health care decisions; and
    (ii) at the time the decision is being made;
    (b) the surrogate's understanding of the adult's health care preferences;
    (c) the surrogate's understanding of what the adult would have wanted under the circumstances; and
    (d) to the extent that the preferences described in Subsections (22)(a) through (c) are unknown, the best interest of the adult. See Utah Code 53-2a-205
  • 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 53-2a-205
  • system: means the aggregate of all participating political subdivisions and the state. See Utah Code 53-2a-302
  • Technological hazard: means any hazardous materials accident, mine accident, train derailment, air crash, radiation incident, pollution, structural fire, or explosion. See Utah Code 53-2a-102
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Writing: includes :Utah Code 48-2e-1156
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