reglab/housing_qa huggingface dataset:
UT Code § 75-2a-109 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 109 - Effect of current health care preferences -- When a surrogate may act.

75-2a-109. Effect of current health care preferences -- When a surrogate may act.    (1) An adult with health care decision making capacity retains the right to make health care decisions as long as the adult has health care decision making capacity as defined in Section 75-2a-103. For purposes of this chapter, the inability to communicate through speech does not mean that the adult lacks health care decision making capacity.     (2) An adult's current health care decisions, however expressed or indicated, always supersede an adult's prior decisions or health care directives.     (3) Unless otherwise directed in an advance health care directive, an advance health care directive or the authority of a surrogate to make health care decisions on behalf of an adult:   (a) is effective only after a physician, physician assistant, or APRN makes a determination of incapacity as provided in Section 75-2a-104;     (b) remains in effect during any period of time in which the declarant lacks capacity to make health care decisions; and     (c) ceases to be effective when:   (i) a declarant disqualifies a surrogate or revokes the advance health care directive;     (ii) a health care provider finds that the declarant has health care decision making capacity;     (iii) a court issues an order invalidating a health care directive; or     (iv) the declarant has challenged the finding of incapacity under the provisions of Subsection 75-2a-104(3).        Amended by Chapter 99, 2009 General Session
UT Code § 75-2a-110 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 110 - Surrogate decision making -- Scope of authority.

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
UT Code § 75-2a-111 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 111 - Priority of decision makers.

75-2a-111. Priority of decision makers.    (1) The following is the order of priority of those authorized to make health care decisions on behalf of an adult who has been found to lack health care decision making capacity under Section 75-2a-104:   (a) a health care agent appointed by an adult under the provisions of Section 75-2a-107 unless the agent has been disqualified by:   (i) the adult; or     (ii) a court of law;       (b) a court-appointed guardian; or     (c) the highest priority default surrogate acting under authority of Section 75-2a-108.       (2) A health care provider or health care facility obtaining consent for health care from a surrogate shall make a reasonable effort to identify and obtain consent from the surrogate with the highest priority.    Amended by Chapter 107, 2008 General Session
UT Code § 75-2a-112 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 112 - Decisions by guardian.

75-2a-112. Decisions by guardian.    (1) A court-appointed guardian shall comply with an adult's advance health care directive and may not revoke the adult's advance health care directive unless the court, for cause, expressly revokes the adult's directive.     (2) A health care decision of an agent takes precedence over that of a guardian, in the absence of a court order to the contrary.     (3) Except as provided in Subsections (1) and (2), a health care decision made by a guardian for the adult patient is effective without judicial approval.     (4) A guardian is not subject to civil or criminal liability or to claims of unprofessional conduct for a surrogate health care decision made:   (a) in good faith; and     (b) in accordance with Section 75-2a-110.      Amended by Chapter 107, 2008 General Session
UT Code § 75-2a-113 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 113 - Personal representative status.

75-2a-113. Personal representative status.  A surrogate becomes a personal representative for an adult under the Health Insurance Portability and Accountability Act of 1996 when:  (1) the adult has been found to lack health care decision making capacity under Section 75-2a-104;     (2) the adult grants current authority to the surrogate either:   (a) in writing; or     (b) by other expression before a witness who is not the surrogate or agent; or       (3) the court appoints a guardian authorized to make health care decisions on behalf of the adult.    Amended by Chapter 107, 2008 General Session
UT Code § 75-2a-114 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 114 - Revocation of directive.

75-2a-114. Revocation of directive.    (1) An advance directive may be revoked at any time by the declarant by:   (a) writing "void" across the document;     (b) obliterating, burning, tearing, or otherwise destroying or defacing the document in any manner indicating an intent to revoke;     (c) instructing another to do one of the acts described in Subsection (1)(a) or (b);     (d) a written revocation of the directive signed and dated by:   (i) the declarant; or     (ii) an adult:   (A) signing on behalf of the declarant; and     (B) acting at the direction of the declarant; or         (e) an oral expression of an intent to revoke the directive in the presence of a witness who is age 18 years or older and who is not:   (i) related to the declarant by blood or marriage;     (ii) entitled to any portion of the declarant's estate according to the laws of intestate succession of this state or under any will or codicil of the declarant;     (iii) the beneficiary of any of the following that are held, owned, made, or established by, or on behalf of, the declarant:   (A) a life insurance policy;     (B) a trust;     (C) a qualified plan;     (D) a pay on death account; or     (E) a transfer on death deed;       (iv) entitled to benefit financially upon the death of the declarant;     (v) entitled to a right to, or interest in, real or personal property upon the death of the declarant;     (vi) directly financially responsible for the declarant's medical care;     (vii) a health care provider who is:   (A) providing care to the declarant; or     (B) an administrator at a health care facility in which the declarant is receiving care; or       (viii) the adult who will become agent or default surrogate after the revocation.         (2) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes the designation of a spouse as an agent, unless:   (a) otherwise specified in the decree; or     (b) the declarant has affirmed the intent to retain the agent subsequent to the annulment, divorce, or legal separation.       (3) An advance health care directive that conflicts with an earlier advance health care directive revokes the earlier directive to the extent of the conflict.    Amended by Chapter 107, 2008 General Session
UT Code § 75-2a-116 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 116 - Presumption of validity of directive.

75-2a-116. Presumption of validity of directive.    (1) A health care directive executed under this chapter is presumed valid and binding.     (2) Health care providers and health care facilities, in the absence of notice to the contrary, shall presume that a declarant who executed a health care directive, whether or not in the presence of a health care provider, had the required decision making capacity at the time the declarant signed the directive. The fact a declarant executed a health care directive shall not be construed as an indication that the declarant was suffering from mental illness or lacked decision making capacity.    Enacted by Chapter 31, 2007 General Session
UT Code § 75-2a-118 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 118 - Illegal destruction or falsification of health care directive.

75-2a-118. Illegal destruction or falsification of health care directive.    (1) A person is guilty of a class B misdemeanor if the person:   (a) willfully conceals, cancels, defaces, obliterates, or damages a health care directive of another without the declarant's consent; or     (b) falsifies, forges, or alters a health care directive or a revocation of the health care directive of another person.       (2) A person is guilty of criminal homicide if:   (a) the person:   (i) falsifies or forges the health care directive of an adult; or     (ii) willfully conceals or withholds personal knowledge of:   (A) the existence of a health care directive;     (B) the revocation of a health care directive; or     (C) the disqualification of a surrogate; and         (b) the actions described in Subsection (2)(a) cause a withholding or withdrawal of life sustaining procedures contrary to the wishes of a declarant resulting in the death of the declarant.      Amended by Chapter 107, 2008 General Session
UT Code § 75-2a-119 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 119 - Health care directive effect on insurance policies.

75-2a-119. Health care directive effect on insurance policies.    (1) If an adult makes a health care directive under this chapter, the health care directive does not affect in any manner:   (a) the obligation of any life or medical insurance company regarding any policy of life or medical insurance;     (b) the sale, procurement, or issuance of any policy of life or health insurance; or     (c) the terms of any existing policy.       (2)   (a) Notwithstanding any terms of an insurance policy to the contrary, an insurance policy is not legally impaired or invalidated in any manner by:   (i) withholding or withdrawing life sustaining procedures; or     (ii) following directions in a health care directive executed as provided in this chapter.       (b) Following health care instructions in a health care directive does not constitute legal cause for failing to pay life or health insurance benefits. Death that occurs after following the instructions of an advance health care directive or a surrogate's instructions does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit.       (3)   (a) The following may not require an adult to execute a directive or to make any particular choices or entries in a directive under this chapter as a condition for being insured for or receiving health care or life insurance contract services:   (i) a health care provider;     (ii) a health care facility;     (iii) a health maintenance organization;     (iv) an insurer issuing disability, health, or life insurance;     (v) a self-insured employee welfare or benefit plan;     (vi) a nonprofit medical service corporation or mutual nonprofit hospital service corporation; or     (vii) any other person, firm, or entity.       (b) Nothing in this chapter:   (i) may be construed to require an insurer to insure risks otherwise considered by the insurer as not a covered risk;     (ii) is intended to impair or supersede any other legal right or legal responsibility which an adult may have to effect the withholding or withdrawal of life sustaining procedures in any lawful manner; or     (iii) creates any presumption concerning the intention of an adult who has not executed a health care directive.        Amended by Chapter 107, 2008 General Session
UT Code § 75-2a-120 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 120 - Judicial relief.

75-2a-120. Judicial relief.  A district court may enjoin or direct a health care decision, or order other equitable relief based on a petition filed by:  (1) a patient;     (2) an agent of a patient;     (3) a guardian of a patient;     (4) a default surrogate of a patient;     (5) a health care provider of a patient;     (6) a health care facility providing care for a patient; or     (7) an individual who meets the requirements of Section 75-2a-108.    Enacted by Chapter 31, 2007 General Session
UT Code § 75-2a-121 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 121 - Reciprocity -- Application of former provisions of law.

75-2a-121. Reciprocity -- Application of former provisions of law.  Unless otherwise provided in the health care directive:  (1) a health care provider or health care facility may, in good faith, rely on any health care directive, power of attorney, or similar instrument:   (a) executed in another state; or     (b) executed prior to January 1, 2008, in this state under the provisions of Chapter 2, Part 11, Personal Choice and Living Will Act;       (2) a health care directive executed under the provisions of this chapter shall be governed pursuant to the provisions of this chapter that were in effect at that time, unless it appears from the directive that the declarant intended the current provisions of this chapter to apply; and     (3) the health care directive described in Subsection (1) is presumed to comply with the requirements of this chapter.    Amended by Chapter 107, 2008 General Session
UT Code § 75-2a-122 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 122 - Effect of act.

75-2a-122. Effect of act.  The Advance Health Care Directive Act created in this chapter does not:  (1) create a presumption concerning the intention of an adult who has not made or who has revoked an advance health care directive;     (2) authorize mercy killing, assisted suicide, or euthanasia; or     (3) authorize the provision, withholding, or withdrawal of health care, to the extent prohibited by the laws of this state.    Amended by Chapter 107, 2008 General Session
UT Code § 75-2a-123 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 123 - Pregnancy.

75-2a-123. Pregnancy.    (1) A health care directive that provides for the withholding or withdrawal of life sustaining procedures has no force during the course of a declarant's pregnancy.     (2) Subsection (1) does not negate the appointment of a health care agent during the course of a declarant's pregnancy.    Amended by Chapter 107, 2008 General Session
UT Code § 75-2a-124 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 124 - Provisions cumulative with existing law.

75-2a-124. Provisions cumulative with existing law.  The provisions of this chapter are cumulative with existing law regarding a person's right to consent or refuse to consent to medical treatment and do not impair any existing rights or responsibilities that a health care provider, a person, including a minor or incapacitated person, or a person's family or surrogate may have in regard to the provision, withholding or withdrawal of life sustaining procedures under the common law or statutes of the state.  Amended by Chapter 107, 2008 General Session
UT Code § 75-2a-125 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2a - Advance Health Care Directive Act|Section 125 - Severability.

75-2a-125. Severability.  If any one or more provision, section, subsection, sentence, clause, phrase, or word of this chapter, or the application of this chapter to any person or circumstance, is found to be unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this chapter, and each provision, section, subsection, sentence, clause, phrase, or word of this chapter, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.  Enacted by Chapter 107, 2008 General Session
UT Code § 75-2b-101 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2b - Uniform Disposition of Community Property Rights At Death Act|Section 101 - Title.

75-2b-101. Title.  This chapter is known as the "Uniform Disposition of Community Property Rights at Death Act."  Enacted by Chapter 132, 2012 General Session
UT Code § 75-2b-102 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2b - Uniform Disposition of Community Property Rights At Death Act|Section 102 - Application.

75-2b-102. Application.  This chapter applies to the disposition at death of the following property acquired by a married person:  (1) all personal property, wherever situated:   (a) which was acquired as or became, and remained, community property under the laws of another jurisdiction;     (b) all or the proportionate part of that property acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, that community property; or     (c) traceable to that community property; and       (2) all or the proportionate part of any real property situated in this state which was acquired with the rents, issues or income of, the proceeds from, or in exchange for, property acquired as or which became, and remained, community property under the laws of another jurisdiction, or property traceable to that community property.    Enacted by Chapter 132, 2012 General Session
UT Code § 75-2b-103 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2b - Uniform Disposition of Community Property Rights At Death Act|Section 103 - Rebuttable presumptions.

75-2b-103. Rebuttable presumptions.  In determining whether this chapter applies to specific property, the following rebuttable presumptions apply:  (1) property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property, is presumed to have been acquired as or to have become, and remained, property to which this chapter applies; and     (2) real property situated in this state and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this chapter applies.    Enacted by Chapter 132, 2012 General Session
UT Code § 75-2b-104 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2b - Uniform Disposition of Community Property Rights At Death Act|Section 104 - Disposition upon death.

75-2b-104. Disposition upon death.  Upon the death of a married person, 1/2 of the property to which this chapter applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state. Property to which this chapter applies may not reduce, be subject to, or be used in calculating, the surviving spouse's elective share under this title.  Enacted by Chapter 132, 2012 General Session
UT Code § 75-2b-105 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2b - Uniform Disposition of Community Property Rights At Death Act|Section 105 - Perfection of title of surviving spouse.

75-2b-105. Perfection of title of surviving spouse.  If the title to any property to which this chapter applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the court. Any action to perfect title shall be brought by the surviving spouse or the surviving spouse's successors in interest within four months after written notification is received from the decedent's personal representative, or the successor trustee of the decedent's revocable trust, informing the surviving spouse of the limitations period. Neither the personal representative nor the court in which the decedent's estate is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which this chapter applies, unless a written demand is made by the surviving spouse or the spouse's successor in interest.  Enacted by Chapter 132, 2012 General Session
UT Code § 75-2b-106 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2b - Uniform Disposition of Community Property Rights At Death Act|Section 106 - Perfection of title of personal representative, heir or devisee.

75-2b-106. Perfection of title of personal representative, heir or devisee.  If the title to any property to which this chapter applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which this chapter applies, unless a written demand is made by an heir, devisee, or creditor of the decedent.  Enacted by Chapter 132, 2012 General Session
UT Code § 75-2b-107 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2b - Uniform Disposition of Community Property Rights At Death Act|Section 107 - Purchaser for value or lender.

75-2b-107. Purchaser for value or lender.    (1) If a surviving spouse has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property, takes the purchaser or lender's interest in the property free of any rights of the personal representative or an heir or devisee of the decedent.     (2) If a personal representative or an heir or devisee of the decedent has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser or lender's interest in the property free of any rights of the surviving spouse.     (3) A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly.     (4) The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender.    Enacted by Chapter 132, 2012 General Session
UT Code § 75-2b-108 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2b - Uniform Disposition of Community Property Rights At Death Act|Section 108 - Creditor's rights.

75-2b-108. Creditor's rights.  This chapter does not affect rights of creditors with respect to property to which this chapter applies.  Enacted by Chapter 132, 2012 General Session