75A-9-118. Limitations on powers.

202 words·~1 min read·/ut/title-75a/chapter-9/75a-9-118

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 1/1/2026

(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:

(a)the treatment is not necessary to sustain the individual's life or maintain the individual's well-being;

(b)the individual has expressly authorized the withholding or withdrawal in a health care instruction that has not been revoked; or

(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:

(i)given a direction inconsistent with withholding or withdrawal; or

(ii)communicated by verbal or nonverbal expression a desire for artificial nutrition, hydration, or mechanical ventilation.

(2)A default surrogate may not make a health care decision if, under other law of this state, the decision:

(a)may not be made by a guardian; or

(b)may be made by a guardian only if the court appointing the guardian specifically authorizes the guardian to make the decision.

Enacted by Chapter 439 , 2025 General Session