A Utah living will is a written document that states your wishes about life-sustaining treatment if you are terminally ill or permanently unconscious. Under Utah Code Section 75-2-1101, this document allows you to decide in advance whether you want life support, artificial nutrition and hydration, and other medical interventions that would prolong your life.
Last updated: June 2026
Key Takeaways
- A living will allows you to state your preferences about life-sustaining treatment, including whether you want CPR, mechanical ventilation, and artificial nutrition.
- Under Utah Code Section 75-2-1101, a living will is typically combined with a medical power of attorney into a single advance healthcare directive.
- The document only becomes effective when you are diagnosed as terminally ill, permanently unconscious, or in a persistent vegetative state and cannot communicate.
- Without a living will, your family and healthcare providers may be forced to make difficult decisions without knowing your wishes, potentially leading to conflict or unwanted treatment.
A living will is one of the most personal and important documents in a Utah estate plan. It addresses the circumstances that many people find most concerning: the prospect of being kept alive by machines when there is no reasonable hope of recovery. By stating your wishes in advance, a living will provides clarity for your family and healthcare providers and ensures that your values guide the decisions made about your care.
Utah law recognizes the right of every competent adult to make decisions about their own medical treatment, including the right to refuse life-sustaining treatment. The living will allows you to exercise this right in advance, ensuring that your wishes are respected even when you cannot speak for yourself. The document is legally binding on healthcare providers who must either comply or arrange for transfer to a provider who will comply.
What decisions can you make in a Utah living will?
A Utah living will allows you to make decisions about several types of life-sustaining treatment. You can state whether you want cardiopulmonary resuscitation (CPR) if your heart stops or you stop breathing. You can state whether you want mechanical ventilation if you cannot breathe on your own. You can state whether you want artificial nutrition and hydration (tube feeding) if you cannot eat or drink. You can also state your wishes about dialysis, blood transfusions, antibiotics, and other medical interventions.
The living will can include different instructions for different circumstances. For example, you might want to receive life-sustaining treatment if you are expected to recover but not if you are in a permanent vegetative state. The Utah statutory form includes checkboxes that allow you to indicate your preferences for various scenarios. You can also write in additional instructions to address specific concerns that are important to you.
How is a living will different from a do-not-resuscitate order?
A living will is a general document that addresses your wishes about life-sustaining treatment in broad terms, while a do-not-resuscitate (DNR) order is a specific medical order signed by your physician that instructs emergency personnel not to perform CPR. The DNR order is typically used when you are already in a medical facility or under hospice care and want to ensure that emergency responders do not attempt resuscitation.
In Utah, DNR orders are governed by separate provisions in the Utah Code. Emergency medical services personnel must follow a properly executed DNR order or the Physician Order for Life-Sustaining Treatment (POLST) form. Having both a living will and a DNR order provides comprehensive coverage for your end-of-life wishes. The living will guides your healthcare agent and family in making decisions, while the DNR order provides instructions to emergency responders.
Does a living will need to be notarized in Utah?
Under Utah Code Section 75-2-1103, a living will must be either witnessed by two individuals or acknowledged before a notary public. The witnesses must be present when you sign the document and must affirm that you appear to be of sound mind and free from duress. The witnesses cannot be your healthcare agent, your healthcare provider, or an employee of a healthcare facility where you are receiving treatment.
The notary option provides an alternative if you cannot find two qualified witnesses. A notary public can acknowledge your signature and attest to your identity, which satisfies the legal requirements. Many people choose to have their living will both witnessed and notarized to provide the strongest possible evidence of the document’s validity, though only one method is required by law.
What happens if you do not have a living will in Utah?
If you become terminally ill or permanently unconscious without a living will, your healthcare decisions will be made by a surrogate decision-maker under Utah’s default surrogate law. Under Utah Code Section 75-2-1105, the default surrogate is typically your spouse, followed by your adult children, your parents, your siblings, or other close relatives. The surrogate must make decisions based on what they believe you would have wanted, or if your wishes are unknown, based on your best interests.
Without a living will, your family may struggle to agree on what you would have wanted, leading to conflict and stress during an already difficult time. Your healthcare providers may also be uncertain about how to proceed, particularly if family members disagree about the appropriate course of treatment. A living will eliminates this uncertainty by providing clear, written guidance about your wishes.
Under Utah Code Section 75-2-1105, the Utah Advance Health Care Directive Act provides a comprehensive framework for end-of-life decision-making, recognizing both the appointment of healthcare agents and written directives as valid methods of expressing healthcare wishes.
Can a living will be revoked?
Yes. You may revoke your living will at any time while you are mentally competent. Under Utah Code Section 75-2-1110, revocation can be accomplished by destroying the document, executing a written revocation, or orally expressing your intent to revoke in the presence of a witness. You should notify your healthcare agent, family members, and healthcare providers of any revocation to ensure that your current wishes are known.
If you revoke your living will, you should also destroy all copies of the old document and notify anyone who has a copy. If you create a new living will that replaces an old one, the new document should state that it revokes all previous directives. Keeping your living will current and ensuring that your healthcare providers have the most recent version is essential for ensuring that your wishes are honored.
How does a living will interact with the POLST form?
The Physician Order for Life-Sustaining Treatment (POLST) form is a separate medical order that translates your wishes into actionable medical orders. While a living will provides general guidance about your wishes, the POLST form provides specific medical orders that healthcare providers must follow. The POLST form is typically used for individuals with serious illness or frailty who want to ensure that their wishes are followed in an emergency.
In Utah, the POLST form is recognized as a valid medical order that must be followed by healthcare providers and emergency medical services. The POLST form can be used alongside a living will, with the POLST providing the specific medical orders that implement the general wishes expressed in the living will. Having both documents provides comprehensive coverage for your end-of-life care.
Frequently Asked Questions
At what age should I create a living will?
Every adult should have a living will regardless of age. Accidents and unexpected illnesses can happen at any time, and having your wishes documented ensures you receive the care you want.
Does a living will cover all medical decisions?
No. A living will specifically addresses life-sustaining treatment when you are terminally ill or permanently unconscious. A medical power of attorney covers other healthcare decisions.
Can my family override my living will?
No. A properly executed living will is legally binding, and healthcare providers must follow it. Your family cannot override your expressed wishes, though they may provide guidance about your values.
What if I change my mind after executing a living will?
You may revoke or amend your living will at any time while you are competent. Destroy the old document and execute a new one reflecting your current wishes.
Is a living will valid in other states?
Most states will honor a properly executed out-of-state living will. However, requirements vary, so you should consider executing a document that complies with the laws of any state where you may receive treatment.
Do I need a lawyer to create a living will?
No. Utah provides a statutory form that can be completed without an attorney. However, an attorney can help you understand your options and ensure the document addresses your specific concerns.
What is the difference between a living will and a POLST form?
A living will is a legal document expressing general wishes about end-of-life care. A POLST form is a medical order signed by a physician that provides specific instructions for healthcare providers to follow.
Need a Utah living will?
A living will ensures that your end-of-life wishes are respected and relieves your family of the burden of making difficult decisions without guidance. An experienced estate planning attorney can help you create a living will that reflects your values and addresses your specific concerns.
Document your end-of-life wishes and give your family the gift of clarity with a properly drafted living will.
Jeremy Eveland or call (801) 807-9123.
This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
Comments are closed.