75-2a-105 - Capacity to complete an advance health care directive. - Utah Statutes

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Statutes > Utah > Title-75 > Chapter-02a > 75-2a-105

75-2a-105. Capacity to complete an advance health care directive.
(1) An adult is presumed to have the capacity to complete an advance health caredirective.
(2) An adult who is found to lack health care decision making capacity under theprovisions of Section 75-2a-104:
(a) lacks the capacity to give an advance health care directive, including Part II of theform created in Section 75-2a-117, or any other substantially similar form expressing a healthcare preference; and
(b) may retain the capacity to appoint an agent and complete Part I of the form created inSection 75-2a-117.
(3) The following factors shall be considered by a health care provider, attorney, or courtwhen determining whether an adult described in Subsection (2)(b) has retained the capacity toappoint an agent:
(a) whether the adult has expressed over time an intent to appoint the same person asagent;
(b) whether the choice of agent is consistent with past relationships and patterns ofbehavior between the adult and the prospective agent, or, if inconsistent, whether there is areasonable justification for the change; and
(c) whether the adult's expression of the intent to appoint the agent occurs at times when,or in settings where, the adult has the greatest ability to make and communicate decisions.

Amended by Chapter 107, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-02a > 75-2a-105

75-2a-105. Capacity to complete an advance health care directive.
(1) An adult is presumed to have the capacity to complete an advance health caredirective.
(2) An adult who is found to lack health care decision making capacity under theprovisions of Section 75-2a-104:
(a) lacks the capacity to give an advance health care directive, including Part II of theform created in Section 75-2a-117, or any other substantially similar form expressing a healthcare preference; and
(b) may retain the capacity to appoint an agent and complete Part I of the form created inSection 75-2a-117.
(3) The following factors shall be considered by a health care provider, attorney, or courtwhen determining whether an adult described in Subsection (2)(b) has retained the capacity toappoint an agent:
(a) whether the adult has expressed over time an intent to appoint the same person asagent;
(b) whether the choice of agent is consistent with past relationships and patterns ofbehavior between the adult and the prospective agent, or, if inconsistent, whether there is areasonable justification for the change; and
(c) whether the adult's expression of the intent to appoint the agent occurs at times when,or in settings where, the adult has the greatest ability to make and communicate decisions.

Amended by Chapter 107, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-02a > 75-2a-105

75-2a-105. Capacity to complete an advance health care directive.
(1) An adult is presumed to have the capacity to complete an advance health caredirective.
(2) An adult who is found to lack health care decision making capacity under theprovisions of Section 75-2a-104:
(a) lacks the capacity to give an advance health care directive, including Part II of theform created in Section 75-2a-117, or any other substantially similar form expressing a healthcare preference; and
(b) may retain the capacity to appoint an agent and complete Part I of the form created inSection 75-2a-117.
(3) The following factors shall be considered by a health care provider, attorney, or courtwhen determining whether an adult described in Subsection (2)(b) has retained the capacity toappoint an agent:
(a) whether the adult has expressed over time an intent to appoint the same person asagent;
(b) whether the choice of agent is consistent with past relationships and patterns ofbehavior between the adult and the prospective agent, or, if inconsistent, whether there is areasonable justification for the change; and
(c) whether the adult's expression of the intent to appoint the agent occurs at times when,or in settings where, the adult has the greatest ability to make and communicate decisions.

Amended by Chapter 107, 2008 General Session