State Codes and Statutes
Statutes > Utah > Title-62a > Chapter-15 > 62a-15-100262A-15-1002. Declaration for mental health treatment.
(1) An adult who is not incapable may make a declaration of preferences or instructionsregarding his mental health treatment. The declaration may include, but is not limited to, consentto or refusal of specified mental health treatment.
(2) A declaration for mental health treatment shall designate a capable adult to act asattorney-in-fact to make decisions about mental health treatment for the declarant. An alternativeattorney-in-fact may also be designated to act as attorney-in-fact if the original designee is unableor unwilling to act at any time. An attorney-in-fact who has accepted the appointment in writingmay make decisions about mental health treatment on behalf of the declarant only when thedeclarant is incapable. The decisions shall be consistent with any instructions or desires thedeclarant has expressed in the declaration.
(3) A declaration is effective only if it is signed by the declarant and two capable adultwitnesses. The witnesses shall attest that the declarant is known to them, signed the declaration intheir presence, appears to be of sound mind and is not under duress, fraud, or undue influence. Persons specified in Subsection 62A-15-1003(6) may not act as witnesses.
(4) A declaration becomes operative when it is delivered to the declarant's physician orother mental health treatment provider and remains valid until it expires or is revoked by thedeclarant. The physician or provider is authorized to act in accordance with an operativedeclaration when the declarant has been found to be incapable. The physician or provider shallcontinue to obtain the declarant's informed consent to all mental health treatment decisions if thedeclarant is capable of providing informed consent or refusal.
(5) (a) An attorney-in-fact does not have authority to make mental health treatmentdecisions unless the declarant is incapable.
(b) An attorney-in-fact is not, solely as a result of acting in that capacity, personally liablefor the cost of treatment provided to the declarant.
(c) Except to the extent that a right is limited by a declaration or by any federal law, anattorney-in-fact has the same right as the declarant to receive information regarding the proposedmental health treatment and to receive, review, and consent to disclosure of medical recordsrelating to that treatment. This right of access does not waive any evidentiary privilege.
(d) In exercising authority under the declaration, the attorney-in-fact shall act consistentlywith the instructions and desires of the declarant, as expressed in the declaration. If thedeclarant's desires are unknown, the attorney-in-fact shall act in what he, in good faith, believes tobe the best interest of the declarant.
(e) An attorney-in-fact is not subject to criminal prosecution, civil liability, orprofessional disciplinary action for any action taken in good faith pursuant to a declaration formental health treatment.
(6) (a) A declaration for mental health treatment remains effective for a period of threeyears or until revoked by the declarant. If a declaration for mental health treatment has beeninvoked and is in effect at the expiration of three years after its execution, the declaration remainseffective until the declarant is no longer incapable.
(b) The authority of a named attorney-in-fact and any alternative attorney-in-factcontinues in effect as long as the declaration appointing the attorney-in-fact is in effect or until theattorney-in-fact has withdrawn.
(7) A person may not be required to execute or to refrain from executing a declaration asa criterion for insurance, as a condition for receiving mental or physical health services, or as a
condition of discharge from a facility.
Renumbered and Amended by Chapter 8, 2002 Special Session 5
