75-2a-110 - Surrogate decision making -- Scope of authority.
75-2a-110. Surrogate decision making -- Scope of authority.
(1) A surrogate acting under the authority of either Section 75-2a-107 or 75-2a-108 shallmake health care decisions in accordance with:
(a) the adult's current preferences, to the extent possible;
(b) the adult's written or oral health care directions, if any; or
(c) the substituted judgment standard.
(2) A surrogate acting under authority of Sections 75-2a-107 and 75-2a-108:
(a) may not admit the adult to a licensed health care facility for long-term custodialplacement other than for assessment, rehabilitative, or respite care over the objection of the adult;and
(b) may make health care decisions, including decisions to terminate life sustainingtreatment for the adult patient in accordance with Subsection (1).
(3) A surrogate acting under authority of this section is not subject to civil or criminalliability or claims of unprofessional conduct for surrogate health care decisions made:
(a) in accordance with this section; and
(b) in good faith.
Amended by Chapter 107, 2008 General Session