75-2a-108 - Default surrogates.
75-2a-108. Default surrogates.
(1) (a) Any member of the class described in Subsection (1)(b) may act as an adult'ssurrogate if:
(i) (A) the adult has not appointed an agent;
(B) an appointed agent is not reasonably available; or
(C) a guardian has not been appointed; and
(ii) the member of the class described in Subsection (1)(b) is:
(A) over 18 years of age;
(B) has health care decision making capacity;
(C) is reasonably available; and
(D) has not been disqualified by the adult or a court.
(b) Except as provided in Subsection (1)(a), and subject to Subsection (1)(c), thefollowing classes of the adult's family, in descending order of priority, may act as the adult'ssurrogate:
(i) the adult's spouse, unless the adult is divorced or legally separated; or
(ii) the following family members:
(A) a child;
(B) a parent;
(C) a sibling;
(D) a grandchild; or
(E) a grandparent.
(c) A person described in Subsection (1)(b), may not direct an adult's care if a person of ahigher priority class is able and willing to act as a surrogate for the adult.
(d) A court may disqualify a person described in Subsection (1)(b) from acting as asurrogate if the court finds that the person has acted in a manner that is inconsistent with theposition of trust in which a surrogate is placed.
(2) If the family members designated in Subsection (1)(b) are not reasonably available toact as a surrogate, a person who is 18 years of age or older, other than those designated inSubsection (1) may act as a surrogate if the person:
(a) has health care decision making capacity;
(b) has exhibited special care and concern for the patient;
(c) knows the patient and the patient's personal values; and
(d) is reasonably available to act as a surrogate.
(3) The surrogate shall communicate the surrogate's assumption of authority as promptlyas practicable to the members of a class who:
(a) have an equal or higher priority and are not acting as surrogate; and
(b) can be readily contacted.
(4) A health care provider shall comply with the decision of a majority of the members ofthe highest priority class who have communicated their views to the provider if:
(a) more than one member of the highest priority class assumes authority to act as defaultsurrogate;
(b) the members of the class do not agree on a health care decision; and
(c) the health care provider is informed of the disagreement among the members of theclass.
(5) (a) An adult may at any time disqualify a default surrogate, including a member of the
adult's family, from acting as the adult's surrogate by:
(i) a signed writing;
(ii) personally informing a witness of the disqualification; or
(iii) informing the surrogate of the disqualification.
(b) Disqualification of a surrogate is effective even if the adult has been found to lackhealth care decision making capacity.
(6) If reasonable doubt exists regarding the status of an adult claiming the right to act as adefault surrogate, the health care provider may:
(a) require the person to provide a sworn statement giving facts and circumstancesreasonably sufficient to establish the claimed authority; or
(b) seek a ruling from the court under Section 75-2a-120.
(7) A health care provider may seek a ruling from a court pursuant to Section 75-2a-120if the health care provider has evidence that a surrogate is making decisions that are inconsistentwith an adult patient's wishes or preferences.
Amended by Chapter 107, 2008 General Session