Title 75A Chapter 9 Section 113

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Index	Utah Code
Title 75A	Fiduciaries
Chapter 9	Uniform Health Care Decisions Act
Section 113	Disqualification to act as default surrogate. *(Effective 1/1/2026)*

Effective 1/1/2026
75A-9-113. Disqualification to act as default surrogate.

(1)

(a)	An individual for whom a health care decision would be made may disqualify another individual from acting as default surrogate for the first individual.

(b)	The disqualification must be in a record signed by the first individual or communicated verbally or nonverbally to the individual being disqualified, another individual, or a responsible health care professional.

(c)	Disqualification under this subsection is effective even if made by an individual who lacks capacity to make an advance directive if the individual clearly communicates a desire that the individual being disqualified not make health care decisions for the individual.

(2)

An individual is disqualified from acting as a default surrogate for an individual who lacks capacity to make health care decisions if:

(a)	a court finds that the potential default surrogate poses a danger to the individual's well-being, even if the court does not issue a protective order against the potential surrogate;

(b)

the potential default surrogate is an owner, operator, employee, or contractor of a nursing home or assisted living facility in which the individual is residing or receiving care unless the owner, operator, employee, or contractor is a family member of the individual, the cohabitant of the individual, or a descendant of the cohabitant; or

(c)	the potential default surrogate refuses to provide a timely declaration under Subsection 75A-9-111(3).

Enacted by Chapter 439, 2025 General Session

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