Medical Services for Terminal Persons without a Directive
75-2-1107. Medical services for terminal persons without a directive.
(1) If a person 18 years of age or older has not executed a directive or power of attorney under this part and is unable to communicate, and the attending physician has determined that the person is in a terminal condition or a persistent vegetative state, life-sustaining procedures may be withheld or withdrawn under the supervision of the attending physician as provided in Subsections (2) and (3).
(2) The attending physician shall consult with and obtain written concurrence of:
(a) another physician, that the person's condition is as described in Subsection (1); and
(b) any of the following persons in the following order of priority who is available, willing, and competent to act: (i) a legal guardian or the person's spouse; (ii) a parent; or (iii) the person's children 18 years of age or older.
(3) If a treatment decision is made by any of the parties named in Subsection (2) other than the legal guardian, at least two witnesses who are adults shall be present at the time of the decision and shall sign the document required in Subsection (2) recording the decision.
Amended by Chapter 129, 1993 General Session
75-2-1108. Current desires of declarant.
The desires of a competent declarant, which can be determined directly or indirectly, at all times take precedence over and supersede any contrary directions contained in earlier signed directives.
Enacted by Chapter 173, 1985 General Session
