75-2a-116 - Presumption of validity of directive. - Utah Statutes

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 thecontrary, shall presume that a declarant who executed a health care directive, whether or not inthe presence of a health care provider, had the required decision making capacity at the time thedeclarant signed the directive. The fact a declarant executed a health care directive shall not beconstrued as an indication that the declarant was suffering from mental illness or lacked decisionmaking capacity.

Enacted by Chapter 31, 2007 General Session