75A-9-118. Limitations on powers.
(1) If an individual has a long-term disability requiring routine treatment by artificial nutrition, hydration, or mechanical ventilation and a history of using the treatment without objection, an agent or default surrogate may not consent to withhold or withdraw the treatment unless: the treatment is not necessary to sustain the individual's life or maintain the individual's well-being; the individual has expressly authorized the withholding or withdrawal in a health care instruction that has not been revoked; or the individual has experienced a major reduction in health or functional ability from which the individual is not expected to recover, even with other appropriate treatment, and the individual has not: given a direction inconsistent with withholding or withdrawal; or communicated by verbal or nonverbal expression a desire for artificial nutrition, hydration, or mechanical ventilation.
(2) A default surrogate may not make a health care decision if, under other law of this state, the decision: may not be made by a guardian; or may be made by a guardian only if the court appointing the guardian specifically authorizes the guardian to make the decision.