LegalFix

Section 107 - Advance health care directive -- Appointment of agent -- Powers of agent -- Health care directions.

UT Code § 75-2a-107 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (a) An adult may make an advance health care directive in which the adult may: (i) appoint a health care agent or choose not to appoint a health care agent; (ii) give directions for the care of the adult after the adult loses health care decision making capacity; (iii) choose not to give directions; (iv) state conditions that must be met before life sustaining treatment may be withheld or withdrawn; (v) authorize an agent to consent to the adult's participation in medical research; (vi) nominate a guardian; (vii) authorize an agent to consent to organ donation; (viii) expand or limit the powers of a health care agent; and (ix) designate the agent's access to the adult's medical records. (b) An advance health care directive may be oral or written. (c) An advance health care directive shall be witnessed by a disinterested adult. The witness may not be: (i) the person who signed the directive on behalf of the declarant; (ii) related to the declarant by blood or marriage; (iii) entitled to any portion of the declarant's estate according to the laws of intestate succession of this state or under any will or codicil of the declarant; (iv) the beneficiary of any of the following that are held, owned, made, or established by, or on behalf of, the declarant: (A) a life insurance policy; (B) a trust; (C) a qualified plan; (D) a pay on death account; or (E) a transfer on death deed; (v) entitled to benefit financially upon the death of the declarant; (vi) entitled to a right to, or interest in, real or personal property upon the death of the declarant; (vii) directly financially responsible for the declarant's medical care; (viii) a health care provider who is: (A) providing care to the declarant; or (B) an administrator at a health care facility in which the declarant is receiving care; or (ix) the appointed agent. (d) The witness to an oral advance health care directive shall state the circumstances under which the directive was made.

(a) An adult may make an advance health care directive in which the adult may: (i) appoint a health care agent or choose not to appoint a health care agent; (ii) give directions for the care of the adult after the adult loses health care decision making capacity; (iii) choose not to give directions; (iv) state conditions that must be met before life sustaining treatment may be withheld or withdrawn; (v) authorize an agent to consent to the adult's participation in medical research; (vi) nominate a guardian; (vii) authorize an agent to consent to organ donation; (viii) expand or limit the powers of a health care agent; and (ix) designate the agent's access to the adult's medical records.

(i) appoint a health care agent or choose not to appoint a health care agent;

(ii) give directions for the care of the adult after the adult loses health care decision making capacity;

(iii) choose not to give directions;

(iv) state conditions that must be met before life sustaining treatment may be withheld or withdrawn;

(v) authorize an agent to consent to the adult's participation in medical research;

(vi) nominate a guardian;

(vii) authorize an agent to consent to organ donation;

(viii) expand or limit the powers of a health care agent; and

(ix) designate the agent's access to the adult's medical records.

(b) An advance health care directive may be oral or written.

(c) An advance health care directive shall be witnessed by a disinterested adult. The witness may not be: (i) the person who signed the directive on behalf of the declarant; (ii) related to the declarant by blood or marriage; (iii) entitled to any portion of the declarant's estate according to the laws of intestate succession of this state or under any will or codicil of the declarant; (iv) the beneficiary of any of the following that are held, owned, made, or established by, or on behalf of, the declarant: (A) a life insurance policy; (B) a trust; (C) a qualified plan; (D) a pay on death account; or (E) a transfer on death deed; (v) entitled to benefit financially upon the death of the declarant; (vi) entitled to a right to, or interest in, real or personal property upon the death of the declarant; (vii) directly financially responsible for the declarant's medical care; (viii) a health care provider who is: (A) providing care to the declarant; or (B) an administrator at a health care facility in which the declarant is receiving care; or (ix) the appointed agent.

(i) the person who signed the directive on behalf of the declarant;

(ii) related to the declarant by blood or marriage;

(iii) entitled to any portion of the declarant's estate according to the laws of intestate succession of this state or under any will or codicil of the declarant;

(iv) the beneficiary of any of the following that are held, owned, made, or established by, or on behalf of, the declarant: (A) a life insurance policy; (B) a trust; (C) a qualified plan; (D) a pay on death account; or (E) a transfer on death deed;

(A) a life insurance policy;

(B) a trust;

(C) a qualified plan;

(D) a pay on death account; or

(E) a transfer on death deed;

(v) entitled to benefit financially upon the death of the declarant;

(vi) entitled to a right to, or interest in, real or personal property upon the death of the declarant;

(vii) directly financially responsible for the declarant's medical care;

(viii) a health care provider who is: (A) providing care to the declarant; or (B) an administrator at a health care facility in which the declarant is receiving care; or

(A) providing care to the declarant; or

(B) an administrator at a health care facility in which the declarant is receiving care; or

(ix) the appointed agent.

(d) The witness to an oral advance health care directive shall state the circumstances under which the directive was made.

(2) An agent appointed under the provisions of this section may not be a health care provider for the declarant, or an owner, operator, or employee of the health care facility at which the declarant is receiving care unless the agent is related to the declarant by blood, marriage, or adoption.

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 107 - Advance health care directive -- Appointment of agent -- Powers of agent -- Health care directions.