LegalFix

Section 1207.5 - Emergency, life saving treatment -- Temporary personal representative.

UT Code § 62A-15-1207.5 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) When an individual receives emergency, life saving treatment: (a) a licensed health care professional, at the health care facility where the emergency, life saving treatment is provided, may ask the individual who, if anyone, may be contacted and informed regarding the individual's treatment; (b) a treating physician may hold the individual in the health care facility for up to 48 hours, if the treating physician determines that the individual poses a serious harm to self or others; and (c) a relative of the individual may petition a court to be designated as the individual's personal representative, described in 45 C.F.R. Sec. 164.502(g), for the limited purposes of the individual's medical and mental health care related to a substance use disorder.

(a) a licensed health care professional, at the health care facility where the emergency, life saving treatment is provided, may ask the individual who, if anyone, may be contacted and informed regarding the individual's treatment;

(b) a treating physician may hold the individual in the health care facility for up to 48 hours, if the treating physician determines that the individual poses a serious harm to self or others; and

(c) a relative of the individual may petition a court to be designated as the individual's personal representative, described in 45 C.F.R. Sec. 164.502(g), for the limited purposes of the individual's medical and mental health care related to a substance use disorder.

(2) The petition described in Subsection (1)(c) shall include: (a) the respondent's: (i) legal name; (ii) date of birth, if known; (iii) social security number, if known; and (iv) residence and current location, if known; (b) the petitioner's relationship to the respondent; (c) the name and residence of the respondent's legal guardian, if any and if known; (d) a statement that the respondent: (i) is suffering from a substance use disorder; and (ii) has received, within the last 72 hours, emergency, life saving treatment; (e) the factual basis for the statement described in Subsection (2)(d); and (f) the name of any other individual, if any, who may be designated as the respondent's personal representative.

(a) the respondent's: (i) legal name; (ii) date of birth, if known; (iii) social security number, if known; and (iv) residence and current location, if known;

(i) legal name;

(ii) date of birth, if known;

(iii) social security number, if known; and

(iv) residence and current location, if known;

(b) the petitioner's relationship to the respondent;

(c) the name and residence of the respondent's legal guardian, if any and if known;

(d) a statement that the respondent: (i) is suffering from a substance use disorder; and (ii) has received, within the last 72 hours, emergency, life saving treatment;

(i) is suffering from a substance use disorder; and

(ii) has received, within the last 72 hours, emergency, life saving treatment;

(e) the factual basis for the statement described in Subsection (2)(d); and

(f) the name of any other individual, if any, who may be designated as the respondent's personal representative.

(3) A court shall grant a petition for designation as a personal representative, ex parte, if it appears from the petition for designation as a court-designated personal representative that: (a) the respondent is suffering from a substance use disorder; (b) the respondent received emergency, life saving treatment within 10 days before the day on which the petition for designation as a personal representative is filed; (c) the petitioner is a relative of the respondent; and (d) no other individual is otherwise designated as the respondent's personal representative.

(a) the respondent is suffering from a substance use disorder;

(b) the respondent received emergency, life saving treatment within 10 days before the day on which the petition for designation as a personal representative is filed;

(c) the petitioner is a relative of the respondent; and

(d) no other individual is otherwise designated as the respondent's personal representative.

(4) When a court grants, ex parte, a petition for designation as a personal representative, the court: (a) shall provide notice to the respondent; (b) shall order the petitioner to be the respondent's personal representative for 10 days after the day on which the court designates the petitioner as the respondent's personal representative; and (c) may extend the duration of the order: (i) for good cause shown, after the respondent has been notified and given a proper and sufficient opportunity to respond; or (ii) if the respondent consents to an extension.

(a) shall provide notice to the respondent;

(b) shall order the petitioner to be the respondent's personal representative for 10 days after the day on which the court designates the petitioner as the respondent's personal representative; and

(c) may extend the duration of the order: (i) for good cause shown, after the respondent has been notified and given a proper and sufficient opportunity to respond; or (ii) if the respondent consents to an extension.

(i) for good cause shown, after the respondent has been notified and given a proper and sufficient opportunity to respond; or

(ii) if the respondent consents to an extension.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 1207.5 - Emergency, life saving treatment -- Temporary personal representative.