§ 75-2a-110. Surrogate decision making -- Scope of authority.

(1) A surrogate acting under the authority of either Section 75-2a-107 or 75-2a-108 shall make health care decisions in accordance with:

(a) the adult's current preferences, to the extent possible;

(b) the adult's written or oral health care directions, if any; or

(c) the substituted judgment standard.

(2) A surrogate acting under authority of Sections 75-2a-107 and 75-2a-108:

(a) may not admit the adult to a licensed health care facility for long-term custodial placement other than for assessment, rehabilitative, or respite care over the objection of the adult; and

(b) may make health care decisions, including decisions to terminate life sustaining treatment for the adult patient in accordance with Subsection (1).

(3) A surrogate acting under authority of this section is not subject to civil or criminal liability or claims of unprofessional conduct for surrogate health care decisions made:

(a) in accordance with this section; and

(b) in good faith.

Amended by Chapter 107, 2008 General Session