<section number="75A-9-118"><effdate>1/1/2026</effdate><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Limitations on powers.</catchline><subsection number="75A-9-118(1)">If an individual has a long-term disability requiring routine treatment by artificial nutrition, hydration, or mechanical ventilation and a history of using the treatment without objection, an agent or default surrogate may not consent to withhold or withdraw the treatment unless:<subsection number="75A-9-118(1)(a)">the treatment is not necessary to sustain the individual's life or maintain the individual's well-being;</subsection><subsection number="75A-9-118(1)(b)">the individual has expressly authorized the withholding or withdrawal in a health care instruction that has not been revoked; or</subsection><subsection number="75A-9-118(1)(c)">the individual has experienced a major reduction in health or functional ability from which the individual is not expected to recover, even with other appropriate treatment, and the individual has not:<subsection number="75A-9-118(1)(c)(i)">given a direction inconsistent with withholding or withdrawal; or</subsection><subsection number="75A-9-118(1)(c)(ii)">communicated by verbal or nonverbal expression a desire for artificial nutrition, hydration, or mechanical ventilation.</subsection></subsection></subsection><subsection number="75A-9-118(2)">A default surrogate may not make a health care decision if, under other law of this state, the decision:<subsection number="75A-9-118(2)(a)">may not be made by a guardian; or</subsection><subsection number="75A-9-118(2)(b)">may be made by a guardian only if the court appointing the guardian specifically authorizes the guardian to make the decision.</subsection></subsection></section>