Effective 1/1/2026
75A-9-128 Saving provision.
(1)An advance health care directive created before January 1, 2026, is valid if it complies with this chapter or complied at the time of creation with the law of the state in which it was created.
(2)This chapter does not affect the validity or effect of an act done before January 1, 2026.
(3)An individual who assumed authority to act as default surrogate before January 1, 2026, may continue to act as default surrogate until the individual for whom the default surrogate is acting has capacity or the default surrogate is disqualified, whichever occurs first.

Enacted by Chapter 439, 2025 General Session