1. (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.
   2. (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.
   3. (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. (2) An individual is disqualified from acting as a default surrogate for an individual who lacks capacity to make health care decisions if:

   1. (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
   3. (c) the potential default surrogate refuses to provide a timely declaration under Subsection 75A-9-111(3).

Enacted by Chapter 439, 2025 General Session