§ 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 - Advance Health Care Directive Act

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Adult: means a person who is:
    (a) at least 18 years of age; or
    (b) an emancipated minor. See Utah Code 75-2a-103
  • 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 75-2a-103
  • Anchor location: means the physical location from which:
    (a) an electronic meeting originates; or
    (b) the participants are connected. See Utah Code 52-4-103
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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 75-2a-103
  • 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 75-2a-103
  • Capacity to appoint an agent: means that the adult understands the consequences of appointing a particular person as agent. See Utah Code 75-2a-103
  • Capitol hill complex: means the grounds and buildings within the area bounded by 300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake City. See Utah Code 52-4-103
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • Contract: A legal written agreement that becomes binding when signed.
  • Convening: means the calling together of a public body by a person authorized to do so for the express purpose of discussing or acting upon a subject over which that public body has jurisdiction or advisory power. See Utah Code 52-4-103
  • 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 legislative body: means :Utah Code 68-3-12.5
  • 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 75-2a-103
  • 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 75-2a-103
  • Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 51-11-102
  • Electronic meeting: means a public meeting convened or conducted by means of a conference using electronic communications. See Utah Code 52-4-103
  • Electronic message: means a communication transmitted electronically, including:
    (a) electronic mail;
    (b) instant messaging;
    (c) electronic chat;
    (d) text messaging, as that term is defined in Section 76-4-401; or
    (e) any other method that conveys a message or facilitates communication electronically. See Utah Code 52-4-103
  • Emergency medical services provider: means a person who is licensed, designated, or certified under Title 26, Chapter 8a, Utah Emergency Medical Services System Act. See Utah Code 75-2a-103
  • 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.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Fiduciary: A trustee, executor, or administrator.
  • Fund: means the Winter Sports Venue Grant Fund. See Utah Code 51-11-102
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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 a person's physical or mental condition. See Utah Code 75-2a-103
  • 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 75-2a-103
  • 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 75-2a-103
  • 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 75-2a-103
  • improvements: means the replacement or addition to infrastructure, buildings, building components, or facility equipment. See Utah Code 51-11-102
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Intestate: Dying without leaving a will.
  • 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 68-3-12.5
  • 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 75-2a-103
  • 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 75-2a-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Meeting: means the convening of a public body or a specified body, with a quorum present, including a workshop or an executive session, whether in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body or specific body has jurisdiction or advisory power. See Utah Code 52-4-103
  • Minor: means a person who:
    (a) is under 18 years of age; and
    (b) is not an emancipated minor. See Utah Code 75-2a-103
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Monitor: means to hear or observe, live, by audio or video equipment, all of the public statements of each member of the public body who is participating in a meeting. See Utah Code 52-4-103
  • 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.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participate: means the ability to communicate with all of the members of a public body, either verbally or electronically, so that each member of the public body can hear or observe the communication. See Utah Code 52-4-103
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • 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 75-2a-103
  • Physician assistant: means a person licensed as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 75-2a-103
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public body: includes :
    (i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in Section 11-13-103;
    (ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102; and
    (iii) the Utah Independent Redistricting Commission. See Utah Code 52-4-103
  • Quorum: means a simple majority of the membership of a public body, unless otherwise defined by applicable law. See Utah Code 52-4-103
  • real property: includes :Utah Code 68-3-12.5
  • 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 75-2a-103
  • Recording: means an audio, or an audio and video, record of the proceedings of a meeting that can be used to review the proceedings of the meeting. See Utah Code 52-4-103
  • 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
  • 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 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Venue: means a facility:
    (a) designed and currently approved under standards developed by a generally recognized sports federation to host world-class level, international winter sports competitions; and
    (b) used for recreational, developmental, and competitive athletic training. See Utah Code 51-11-102
  • Venue operator: means a person who:
    (a) operates a venue that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; or
    (b) owns a venue or operates a venue under contract with the public owner of the venue. See Utah Code 51-11-102
  • Writing: includes :Utah Code 68-3-12.5
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