(1) A default surrogate may make a health care decision for an individual who lacks capacity to make health care decisions and for whom an agent, or guardian authorized to make health care decisions, has not been appointed or is not reasonably available. (2) Unless the individual has an advance health care directive that indicates otherwise, a member of the following classes, in descending order of priority, who is reasonably available and not disqualified under Section 75A-9-113, may act as a default surrogate for the individual: (a) an adult the individual has identified, other than in a power of attorney for health care, to make a health care decision for the individual if the individual cannot make the decision; (b) the individual's spouse unless: (i) a petition for annulment, divorce, dissolution of marriage, legal separation, or termination has been filed and not dismissed or withdrawn; (ii) a decree of annulment, divorce, dissolution of marriage, legal separation, or termination has been issued; (iii) the individual and the spouse have agreed in a record to a legal separation; or (iv) the spouse has willfully deserted the individual for more than one year; (c) the individual's adult child or parent; (d) the individual's cohabitant; (e) the individual's adult sibling; (f) the individual's adult grandchild or grandparent; (g) an adult not listed in Subsections (2)(a) through (f) who has assisted the individual with supported decision making routinely during the preceding six months; (h) the individual's adult stepchild not listed in Subsections (2)(a) through (g) whom the individual actively parented during the stepchild's minor years and with whom the individual has an ongoing relationship; (i) an adult not listed in Subsections (2)(a) through (h) who has exhibited special care and concern for the individual and is familiar with the individual's personal values; or (j) a physician designated in accordance with Subsection (6). (3) (a) A responsible health care professional may require an individual who assumes authority to act as a default surrogate to provide a declaration in a record under penalty of perjury stating facts and circumstances reasonably sufficient to establish the authority. (b) The Department of Health and Human Services shall create a uniform form to be used in accordance with Subsection (3)(a). (4) If a responsible health care professional reasonably determines that an individual who assumed authority to act as a default surrogate is not willing or able to comply with a duty under Section
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