Title 75A, Title 75A: Fiduciaries

75A-9-117. Powers of agent and default surrogate. (1) Except as provided in Subsection (3), the power of an agent or default surrogate commences when the individual is found under Subsectionor by a court to lack capacity to make a health care decision. 75A-9-103(2) The power ceas…

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 wit…

75A-9-119. Co-agents -- Alternate agent. (1) An individual in a power of attorney for health care may appoint multiple individuals as co-agents. Unless the power of attorney provides otherwise, each co-agent may exercise independent authority. (2) An individual in a power of atto…

75A-9-120. Duties of health care professional, responsible health care professional, and health care institution. (1) A responsible health care professional who is aware that an individual has been found to lack capacity to make a decision shall make a reasonable effort to determ…

75A-9-121. Decision by guardian. (1) A guardian may refuse to comply with or revoke the individual's advance health care directive only if the court appointing the guardian expressly orders the noncompliance or revocation. (2) Unless a court orders otherwise, a health care decisi…

75A-9-122. Immunity. (1) A health care professional or health care institution acting in good faith is not subject to civil or criminal liability or to discipline for unprofessional conduct for: complying with a health care decision made for an individual by another person if com…

75A-9-123. Prohibited conduct -- Damages. (1) A person may not: intentionally falsify, in whole or in part, an advance health care directive; for the purpose of frustrating the intent of the individual who created an advance health care directive or with knowledge that doing so i…

75A-9-124. Effect of copy -- Certified physical copy. (1) A physical or electronic copy of an advance health care directive, revocation of an advance health care directive, or appointment, designation, or disqualification of a surrogate has the same effect as the original. (2) An…

75A-9-125. Judicial relief. (1) On petition of an individual, the individual's surrogate, a health care professional or health care institution providing health care to the individual, or a person interested in the welfare of the individual, the court may: enjoin implementation o…

75A-9-126. Construction. (1) This chapter does not authorize mercy killing, assisted suicide, or euthanasia. (2) This chapter does not affect other law of this state governing treatment for mental illness of an individual involuntarily committed under Section. 26B-5-332 (3) Death…

75A-9-127. Uniformity of application and construction. In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.

75A-9-128. Saving provision. (1) An advance health care directive created before January 1, 2026, is valid if it complies with this chapter or complied at the time of creation with the law of the state in which it was created. (2) This chapter does not affect the validity or effe…

75A-9-129. Transitional provision. This chapter applies to an advance health care directive created before, on, or after January 1, 2026.