§ 75A-9-125 — Judicial relief.

(1) On petition of an individual, the individual's surrogate, a health care professional or health care institution providing health care to the individual, or a person interested in the welfare of the individual, the court may:
(1)(a) enjoin implementation of a health care decision made by an agent or default surrogate on behalf of the individual, on a finding that the decision is inconsistent with Section 75A-9-116 or 75A-9-117;
(1)(b) enjoin an agent from making a health care decision for the individual, on a finding that the individual's appointment of the agent has been revoked or the agent:
(1)(b)(i) is disqualified under Subsection 75A-9-107(2);
(1)(b)(ii) is unwilling or unable to comply with Section 75A-9-116; or
(1)(b)(iii) poses a danger to the individual's well-being;
(1)(c) enjoin another individual from acting as a default surrogate, on a finding that the other individual:
(1)(c)(i) acting as a default surrogate did not comply with Section 75A-9-111;
(1)(c)(ii) is disqualified under Section 75A-9-113;
(1)(c)(iii) is unwilling or unable to comply with Section 75A-9-116;
(1)(c)(iv) poses a danger to the first individual's well-being; or
(1)(d) order implementation of a health care decision made:
(1)(d)(i) by and for the individual; or
(1)(d)(ii) by an agent or default surrogate who is acting in compliance with the powers and duties of the agent or default surrogate.
(2) In this chapter, advocacy for the withholding or withdrawal of health care or mental health care from an individual is not itself evidence that an agent or default surrogate, or a potential agent or default surrogate, poses a danger to the individual's well-being.
(3) A proceeding under this chapter is governed by the Utah Rules of Civil Procedure and shall be expedited by the court.

Legislative History

Enacted by Chapter 439, 2025 General Session