H.B. 160

1

ADULT JOINT SUPPORT DECLARATION
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jennifer M. Seelig
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill creates the Adult Joint Support Act and provides situations where it may be
10 applied.
11 Highlighted Provisions:
12 This bill:
13 . creates the Adult Joint Support Act;
14 . provides guidelines for the creation of a Declaration of Joint Support;
15 . requires that the Declaration of Joint Support be notarized;
16 . allows the parties in a Declaration of Joint Support to have it recorded in the county
17 recorder office;
18 . provides for the termination of a Declaration of Joint Support;
19 . makes provision for a party to a Declaration of Joint Support to inherit from the
20 other party; and
21 . provides one party with the ability to make health-related decisions if the other party
22 is incapacitated.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 AMENDS:
29 75-2-103, as repealed and reenacted by Laws of Utah 1998, Chapter 39
30 75-2a-108, as last amended by Laws of Utah 2008, Chapter 107
31 ENACTS:
32 17-51-101, Utah Code Annotated 1953
33 17-51-102, Utah Code Annotated 1953
34 17-51-103, Utah Code Annotated 1953
35 17-51-104, Utah Code Annotated 1953
36 75-2-102.5, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 17-51-101 is enacted to read:
40 CHAPTER 51. ADULT JOINT SUPPORT ACT
41 17-51-101. Title.
42 This chapter is known as the "Adult Joint Support Act."
43 Section 2. Section 17-51-102 is enacted to read:
44 17-51-102. Declaration of joint support.
45 (1) Two persons 18 years of age or older may make a Declaration of Joint Support in
46 the form set out in Section 17-51-103 and present it to the county recorder in the county in
47 which they reside for recording, after paying the fee required by Section 17-21-18.5 .
48 (2) The declaration shall state:
49 (a) that each individual is 18 years of age or older, and not incapacitated as defined in
50 Section 75-1-201 ;
51 (b) that neither person is married or a party to an existing Declaration of Joint Support;
52 (c) that the individuals share a common residence;
53 (d) that the individuals have commingled assets and shared liabilities; and
54 (e) if applicable, that one or both are adult designees under the provisions of Section
55 10-8-1.5 or 17-50-325 .
56 Section 3. Section 17-51-103 is enacted to read:
57 17-51-103. Form of declaration.
58 (1) A Declaration of Joint Support shall be presented as described in Subsection

59 17-21-20 (3)(a) and in the following format:
60 (a)"Declaration of Joint Support
61 _______Name_____________________ and ____________Name________________
62 hereby declare that:
63 --they are both 18 years of age or older;
64 --neither is incapacitated;
65 --neither is married to another person or a party to another Declaration of Joint Support;
66 --they currently reside at_____________________________________________; and
67 --they have commingled assets and joint liabilities."
68 (b) If applicable, the following statement shall be added:
69 "Furthermore, _________________________ is currently the adult designee of
70 _______________________ on the registry of _____________________________."
71 (2) The persons in Subsection (1)(b) shall be the same as in Subsection (1)(a).
72 (3) The form shall be signed by each person and each signature acknowledged by a
73 notary.
74 Section 4. Section 17-51-104 is enacted to read:
75 17-51-104. Termination of Declaration of Joint Support.
76 (1) A Declaration of Joint Support becomes null and void upon the date of:
77 (a) the death of either person;
78 (b) the marriage of either person;
79 (c) the filing of a notarized document in the county recorder's office in substantially the
80 following form:
81 "Termination of Declaration of Joint Support
82 __________________________ hereby declares that (his)(her) Declaration of Joint
83 Support with __________________________ is terminated."
84 (2) The person filing the termination declaration shall send a copy of the termination to
85 the other person by registered mail to the last known address of the other person.
86 (3) Termination of joint support does not affect responsibility for any valid contracts or
87 liabilities legally entered into jointly by both persons.
88 Section 5. Section 75-2-102.5 is enacted to read:
89 75-2-102.5. Intestate share of person named in Declaration of Joint Support.

90 (1) Upon the death of a person named in a Declaration of Joint Support which has not
91 been terminated, the surviving person shall be entitled to:
92 (a) the decedent's entire estate if no descendant of the decedent survives the decedent;
93 (b) one-half of the decedent's estate if there are descendants of the decedent.
94 (2) If there are descendants of the decedent, the provisions of Section 75-2-103 apply.
95 Section 6. Section 75-2-103 is amended to read:
96 75-2-103. Share of heirs other than surviving spouse.
97 (1) Any part of the intestate estate not passing to the decedent's surviving spouse under
98 Section 75-2-102 , to another person under Section 75-2-102.5 , or the entire intestate estate if
99 there is no surviving spouse and Section 75-2-102.5 does not apply, passes in the following
100 order to the individuals designated below who survive the decedent:
101 (a) to the decedent's descendants per capita at each generation as defined in Subsection
102 75-2-106 (2);
103 (b) if there is no surviving descendant, to the decedent's parents equally if both survive,
104 or to the surviving parent;
105 (c) if there is no surviving descendant or parent, to the descendants of the decedent's
106 parents or either of them per capita at each generation as defined in Subsection 75-2-106 (3);
107 (d) if there is no surviving descendant, parent, or descendant of a parent, but the
108 decedent is survived by one or more grandparents or descendants of grandparents, half of the
109 estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving
110 paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of
111 them if both are deceased, the descendants taking per capita at each generation as defined in
112 Subsection 75-2-106 (3); and the other half passes to the decedent's maternal relatives in the
113 same manner; but if there is no surviving grandparent or descendant of a grandparent on either
114 the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other
115 side in the same manner as the half.
116 (2) For purposes of [Subsections (a), (b), (c), and (d)] Subsection (1), any nonprobate
117 transfer, as defined in Section 75-2-205 , received by an heir is chargeable against the intestate
118 share of such heir.
119 Section 7. Section 75-2a-108 is amended to read:
120 75-2a-108. Default surrogates.

121 (1) (a) Any member of the class described in Subsection (1)(b) may act as an adult's
122 surrogate if:
123 (i) (A) the adult has not appointed an agent;
124 (B) an appointed agent is not reasonably available; or
125 (C) a guardian has not been appointed; and
126 (ii) the member of the class described in Subsection (1)(b) is:
127 (A) over 18 years of age;
128 (B) has health care decision making capacity;
129 (C) is reasonably available; and
130 (D) has not been disqualified by the adult or a court.
131 (b) Except as provided in Subsection (1)(a), and subject to Subsection (1)(c), the
132 following classes of [the adult's family] persons, in descending order of priority, may act as the
133 adult's surrogate:
134 (i) the adult's spouse, unless the adult is divorced or legally separated; [or]
135 (ii) the other person named with the adult in a Declaration of Joint Support which has
136 not been terminated; or
137 [(ii)] (iii) the following family members:
138 (A) a child;
139 (B) a parent;
140 (C) a sibling;
141 (D) a grandchild; or
142 (E) a grandparent.
143 (c) A person described in Subsection (1)(b), may not direct an adult's care if a person of
144 a higher priority class is able and willing to act as a surrogate for the adult.
145 (d) A court may disqualify a person described in Subsection (1)(b) from acting as a
146 surrogate if the court finds that the person has acted in a manner that is inconsistent with the
147 position of trust in which a surrogate is placed.
148 (2) If the family members designated in Subsection (1)(b) are not reasonably available
149 to act as a surrogate, a person who is 18 years of age or older, other than those designated in
150 Subsection (1) may act as a surrogate if the person:
151 (a) has health care decision making capacity;

152 (b) has exhibited special care and concern for the patient;
153 (c) knows the patient and the patient's personal values; and
154 (d) is reasonably available to act as a surrogate.
155 (3) The surrogate shall communicate the surrogate's assumption of authority as
156 promptly as practicable to the members of a class who:
157 (a) have an equal or higher priority and are not acting as surrogate; and
158 (b) can be readily contacted.
159 (4) A health care provider shall comply with the decision of a majority of the members
160 of the highest priority class who have communicated their views to the provider if:
161 (a) more than one member of the highest priority class assumes authority to act as
162 default surrogate;
163 (b) the members of the class do not agree on a health care decision; and
164 (c) the health care provider is informed of the disagreement among the members of the
165 class.
166 (5) (a) An adult may at any time disqualify a default surrogate, including a member of
167 the adult's family, from acting as the adult's surrogate by:
168 (i) a signed writing;
169 (ii) personally informing a witness of the disqualification; or
170 (iii) informing the surrogate of the disqualification.
171 (b) Disqualification of a surrogate is effective even if the adult has been found to lack
172 health care decision making capacity.
173 (6) If reasonable doubt exists regarding the status of an adult claiming the right to act
174 as a default surrogate, the health care provider may:
175 (a) require the person to provide a sworn statement giving facts and circumstances
176 reasonably sufficient to establish the claimed authority; or
177 (b) seek a ruling from the court under Section 75-2a-120 .
178 (7) A health care provider may seek a ruling from a court pursuant to Section
179 75-2a-120 if the health care provider has evidence that a surrogate is making decisions that are
180 inconsistent with an adult patient's wishes or preferences.

Legislative Review Note
as of 2-4-09 6:22 PM

Office of Legislative Research and General Counsel