75-2a-113 - Personal representative status.
75-2a-113. Personal representative status.
A surrogate becomes a personal representative for an adult under the Health InsurancePortability and Accountability Act of 1996 when:
(1) the adult has been found to lack health care decision making capacity under Section75-2a-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 ofthe adult.
Amended by Chapter 107, 2008 General Session