As Amended
SEC. 41-41-165. Powers of attorney in fact.
(1) Unless the durable power of attorney provides otherwise, an attorney in fact who is known to the health care provider to be available and willing to make health care decisions has priority over any other person to act for the principal in all matters of health care decisions. The attorney in fact does not have authority to make a particular health care decision if the principal is able to give informed consent with respect to that decision.
(2) Subject to any limitations in the durable power of attorney, the attorney in fact may make health care decisions for the principal, before or after the death of the principal, to the same extent as the principal could make health care decisions for himself or herself if the principal had the capacity to do so, including:
(a) Making a disposition under the state's anatomical gift act;
(b) Authorizing an autopsy; and
(c) Directing the disposition of remains.
(3) In exercising the authority under the durable power of attorney for health care, the attorney in fact has a duty to act consistent with the desires of the principal as expressed in the durable power of attorney or otherwise made known to the attorney in fact at any time or, if the principal's desires are unknown, to act in the best interests of the principal.
(4) Nothing in Sections 41-41-151 through 41-41-183 affects any right the individual designated as attorney in fact may have, apart from the durable power of attorney for health care, to make or participate in the making of health care decisions on behalf of the principal.
SOURCES: Laws, 1990, ch. 571, Sec. 8, eff from and after July 1, 1990.