{"data":{"id":"us-ut/utah-code-75a-9-113","jurisdiction":"us-ut","citation":"Utah Code § 75A-9-113","heading":"Disqualification to act as default surrogate.","body":"(1)\n(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.\n(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.\n(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.\n(2) An individual is disqualified from acting as a default surrogate for an individual who lacks capacity to make health care decisions if:\n(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;\n(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\n(c) the potential default surrogate refuses to provide a timely declaration under Subsection 75A-9-111(3).","path":["Title 75A Fiduciaries","Chapter 75A-9 Uniform Health Care Decisions Act"],"source_url":"https://le.utah.gov/xcode/Title75A/Chapter9/75A-9-S113.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"35715f98df54fee3f7991f7bf6a4331748ee485a56fc6e25ff133ca7f9b81aa3","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-75a-9-112","next":"us-ut/utah-code-75a-9-114"},"notice":"GroundRules: Original legal text. Not legal advice."}