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An advance directive in Utah is a legal document or witnessed oral statement in which a principal—the individual creating the directive—expresses their preferences for medical care (often referred to as a living will). It also includes the designation of an agent through a durable power of attorney for health care to make decisions on their behalf if they become incapacitated.
The purpose of this document is to ensure that healthcare wishes are clearly articulated and respected. So, as part of everyone's advance care planning, creating an advance directive should be an important step to ensure wishes are followed if they cannot communicate them.
Signing Requirements for Utah Advance Health Care Directive
As stated in Section 75-2a-107(c) of the Utah Code, there are specific signing requirements for an advance health care directive. The directive must be witnessed by a disinterested adult, meaning the witness cannot have any direct interest in the declarant's estate or medical care.
The law imposes restrictions on who can serve as a witness as well.
So, the witness cannot be:
Signing Requirements for Utah
The person who signed the directive on behalf of the declarant.
Related to the declarant by blood or marriage.
Entitled to any portion of the declarant's estate under the laws of intestate succession or any will.
A beneficiary of assets such as life insurance, a trust, or a payable-on-death account established by the declarant.
Someone who stands to benefit financially from the declarant's death or has a financial interest in the declarant's medical care.
A health care provider treating the declarant or an administrator at the facility where the declarant receives care.
The appointed agent of the declarant.
If the advance directive is made orally, the witness must also state the circumstances under which the directive was made.
Furthermore, an agent appointed under the directive cannot be a health care provider or staff member at the facility where the declarant receives care unless they are related to the declarant by blood, marriage, or adoption.
Utah Advance Health Care Directive Revocation & Changing
A Utah advance directive becomes effective when a licensed physician or health care provider determines that the declarant is incapable of making an informed medical decision. This incapacity could result from conditions such as unconsciousness, severe illness, dementia, or other mental impairments.
According to Section 75-2a-114, an advance directive for health care can be revoked at any time by the declarant through these methods:
Utah Advance Health Care Directive Revocation & Changing
Writing “void” on the advance directive form, destroying, defacing, or otherwise showing intent to cancel it.
Creating and signing a written statement to revoke it, either by the declarant or an adult acting in their direction.
Expressing intent to revoke it verbally in front of a qualified, unbiased witness who is not related to, financially tied to, or responsible for the declarant’s care.
Additionally:
Divorce or separation automatically removes a spouse as the agent unless otherwise stated or reaffirmed.
A newer advance directive overrides conflicting parts of an earlier one.
Additional Legal Considerations for Utah Advance Health Care Directive
According to Section 75-2a-119, a health care advance directive does not change or impact the declarant’s life or medical insurance in any way. It doesn’t affect the insurance company’s obligations, the process of getting or issuing a policy, or the terms of any policy you already have.
As stated in Section 75-2a-123, a health care directive that instructs withholding or stopping life-sustaining procedures does not apply during the declarant’s pregnancy.
How to Choose a Health Care Agent in Utah
To choose a Utah health care proxy (agent), start by selecting someone you trust to make medical decisions if you cannot. Your agent must be at least 18 years old and capable of acting in your best interests. Ideally, they should understand your values, communicate well with health care providers, and remain calm under pressure.
While a close family member, friend, or even a lawyer are common choices for agents, Utah law prohibits your health care provider, a facility administrator, or anyone with financial ties to your estate or medical care from serving as your agent.
What Happens if You Don’t Have an Advance Directive in Utah?
If an adult doesn't have an advance directive—specifically, has not appointed a health care agent and no guardian is available—a default surrogate can decide on their behalf.
The selection of surrogates follows this order of priority: spouse, adult children, parents, siblings, grandchildren, or grandparents. However, if no family members are available, a trusted non-family member who knows the patient's values may act.
Additionally, disputes among equally prioritized family members are resolved by a majority decision, with court intervention available if needed.