SB 1323 Summary

• Creates a new unified chapter on health care decisions by adopting the Uniform Health-Care Decisions Act (2023) in modified form to replace and consolidate existing chapters on advance directives and advance mental health care directives.

• Establishes comprehensive framework for advance health care directives including power of attorney for health care, health care instructions, and advance mental health care directives, with detailed definitions and capacity requirements.

• Allows individuals to create "Ulysses clause" provisions in advance mental health care directives that prevent revocation during specified psychiatric or psychological events.

• Specifies procedures for determining lack of capacity, default surrogate selection, agent disqualification, and provides standards for implementation of health care decisions by surrogates.

• Repeals chapters 327E and 327G (existing uniform health-care decisions and advance mental health care directives laws) and makes conforming amendments to related statutes; effective upon approval.