Effective 1/1/2026
75A-9-105 Judicial review of finding of lack of capacity.
(1)An individual found under Subsection 75A-9-103(2)  to lack capacity, a responsible health care professional, the health care institution providing health care to the individual, or a person interested in the welfare of the individual may petition the court in the county in which the individual resides or is located to determine whether the individual lacks capacity.
(2)
(a)The court in which a petition under Subsection (1) is filed shall appoint legal counsel to represent the individual if the individual does not have legal counsel.
(b)The court shall hear the petition as soon as possible.
(c)As soon as possible the court shall determine whether the individual lacks capacity.
(d)The court may determine the individual lacks capacity only if the court finds by clear and convincing evidence that the individual lacks capacity.

Enacted by Chapter 439, 2025 General Session