§ 75A-9-113 — Disqualification to act as default surrogate.

(1) (1)(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.
(1)(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.
(1)(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.
(2) An individual is disqualified from acting as a default surrogate for an individual who lacks capacity to make health care decisions if:
(2)(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;
(2)(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
(2)(c) the potential default surrogate refuses to provide a timely declaration under Subsection 75A-9-111(3).

Legislative History

Enacted by Chapter 439, 2025 General Session