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