# Utah Advance Healthcare Directive Guide
Planning for the unexpected is one of the most important steps you can take for yourself and your family. A Utah advance healthcare directive gives you the power to decide your medical treatment even when you cannot speak for yourself. Without one, your family may be forced to make agonizing decisions without knowing your wishes, and they may need to go to court to get authority to act on your behalf.
## What Is a Utah Advance Healthcare Directive?
A Utah advance healthcare directive is a legal document that combines two essential components: a living will and a healthcare power of attorney. Under Utah Code Ann. Sec. 75-2a-101 et seq., any competent adult may execute an advance healthcare directive to give instructions about their healthcare or designate someone else to make healthcare decisions for them.
The directive only takes effect when you are unable to make your own healthcare decisions, as certified by your attending physician. While you remain capable of making decisions, you retain full control over your own medical care.
## The Two Components of an Advance Healthcare Directive
### Living Will (Instruction Directive)
The living will portion of your advance healthcare directive allows you to state your wishes regarding life-sustaining treatment, artificial nutrition and hydration, pain management, and other medical interventions. You can specify the types of treatment you want or do not want if you develop a terminal condition, are in a persistent vegetative state, or have an end-stage condition.
Utah law requires that your living will be witnessed by at least one adult who is not related to you by blood or marriage, who is not entitled to inherit from you, and who is not your attending physician or an employee of your healthcare facility.
### Healthcare Power of Attorney (Agent Designation)
The healthcare power of attorney portion designates an agent-sometimes called a healthcare surrogate or proxy-to make medical decisions on your behalf. Your agent should be someone who knows you well and whom you trust to carry out your wishes.
Your healthcare agent can make any healthcare decision you could make yourself, including:
– Consenting to or refusing medical treatment
– Choosing healthcare providers and facilities
– Accessing your medical records under HIPAA
– Making decisions about life-sustaining treatment
– Authorizing admission to or discharge from healthcare facilities
## Legal Requirements for a Valid Utah Advance Healthcare Directive
To create a valid advance healthcare directive in Utah, you must meet the following requirements:
1. You must be at least 18 years old
2. You must be of sound mind at the time of signing
3. The document must be in writing
4. You must sign it or direct another to sign it in your presence
5. It must be witnessed by at least one adult witness who meets statutory requirements
6. It should be notarized (while not strictly required for validity, notarization is strongly recommended and may be required by some healthcare providers)
The witness cannot be:
– Related to you by blood or marriage
– Entitled to any part of your estate
– Your attending physician or their employee
– An employee of your healthcare facility (unless they are not involved in your care)
## When Does a Utah Advance Healthcare Directive Take Effect?
Your advance healthcare directive takes effect when your attending physician determines that you lack the capacity to make your own healthcare decisions. This determination must be made in writing and included in your medical record.
Capacity is decision-specific. You may have capacity to make some decisions but not others. Your directive applies only to those decisions you cannot make yourself. If you regain capacity, your directive suspends and you resume making your own decisions.
## What Happens If You Do Not Have an Advance Healthcare Directive?
If you become incapacitated without an advance healthcare directive in Utah, the state’s default surrogate decision-making law determines who makes medical decisions for you. Under Utah Code Ann. Sec. 75-2-1105, the following individuals, in order of priority, may make healthcare decisions:
1. Your court-appointed guardian
2. Your spouse
3. An adult child
4. A parent
5. An adult sibling
6. A grandparent
7. An adult grandchild
If no one is available or willing to serve, a court may appoint a guardian. This process takes time and money, and it may result in someone you would not have chosen making critical medical decisions for you.
## How to Create an Advance Healthcare Directive in Utah
Creating an advance healthcare directive does not require an attorney, but working with an experienced Utah estate planning attorney ensures your document meets all legal requirements and reflects your specific wishes. An attorney can also help you coordinate your directive with your overall estate plan.
The process involves:
1. **Assess your values and wishes.** Consider what quality of life means to you, what treatments you would or would not want, and who you trust to make decisions.
2. **Choose your agent and successor agents.** Discuss your wishes with them and confirm their willingness to serve.
3. **Draft the directive.** Use Utah’s statutory form or customize a document with the help of an attorney.
4. **Sign and witness.** Execute the document with proper witnessing.
5. **Distribute copies.** Give copies to your agent, your physician, your healthcare providers, and family members.
6. **Review and update.** Review your directive periodically and update it if your health status, relationships, or wishes change.
## Advance Healthcare Directives and End-of-Life Decisions
Utah law distinguishes between withholding and withdrawing life-sustaining treatment. Both are legally permissible under an advance healthcare directive. You can specify whether you want:
– **Full treatment:** All medically appropriate measures to sustain life
– **Selective treatment:** Certain treatments but not others
– **Comfort care only:** Treatment focused on pain relief and dignity rather than life extension
You may also address organ and tissue donation in your advance healthcare directive. Utah maintains a statewide organ donor registry, and you can indicate your desire to be an organ donor in your directive.
## Revoking or Changing Your Advance Healthcare Directive
You may revoke your advance healthcare directive at any time, regardless of your mental state, by:
– Destroying or canceling the document
– Executing a new directive
– Making a verbal statement of revocation to your physician or healthcare provider
– Communicating your intent to revoke in any manner that clearly demonstrates your intent
If you revoke your directive, you should notify your agent, your physician, and anyone who has a copy of the old directive. You should also destroy all existing copies and create a new signed directive.
## The Difference Between an Advance Healthcare Directive and a Living Will
Utah’s advance healthcare directive combines both a living will and a healthcare power of attorney into one document. Before Utah adopted the advance healthcare directive, people needed to execute separate documents. Today, a single advance healthcare directive accomplishes both purposes and is the recommended approach.
## Common Misconceptions About Advance Healthcare Directives
Many people avoid creating advance healthcare directives because of misconceptions. Here are the facts:
– **Myth:** “I’m too young to need one.” Anyone 18 or older can benefit from an advance directive. Accidents and sudden illnesses happen at any age.
– **Myth:** “My family will know what to do.” Families often disagree about medical decisions, especially under stress. A directive removes guesswork.
– **Myth:** “It’s the same as a will.” A will addresses property after death. An advance healthcare directive addresses medical decisions during life.
– **Myth:** “Doctors won’t follow it.” Utah healthcare providers are legally required to follow your advance healthcare directive or transfer your care to a provider who will.
## Integrating Your Advance Healthcare Directive into Your Estate Plan
Your advance healthcare directive should be part of a comprehensive Utah estate plan that also includes a last will and testament, a living trust, and a financial power of attorney. Together, these documents ensure that both your healthcare and financial affairs are managed according to your wishes.
A [Utah estate planning attorney](https://jeremyeveland.com/utah-estate-planning-attorney/) can help you coordinate all of these documents. For more information about powers of attorney in Utah, see our [Utah Power of Attorney Guide](/utah-power-of-attorney-guide/). For an overview of all estate planning documents, read our [Utah Estate Planning Guide](/utah-estate-planning-guide/).
## FAQs About Utah Advance Healthcare Directives
### Do I need an attorney to create an advance healthcare directive in Utah?
No, Utah provides a statutory form you can complete on your own. However, consulting with a [Utah estate planning attorney](https://jeremyeveland.com/utah-estate-planning-attorney/) ensures your directive is properly executed and coordinated with your overall estate plan.
### Can my healthcare agent be a family member?
Yes, most people choose a spouse, adult child, sibling, or other trusted family member. The person you choose should be at least 18 and willing to serve.
### Does my advance healthcare directive need to be notarized?
Utah law does not require notarization, but many healthcare providers prefer or require it. Notarization adds an extra layer of authenticity and is strongly recommended.
### What happens if I move to another state?
Utah advance healthcare directives are valid in other states under the Uniform Advance Directive Act adopted by most states. However, laws vary, so you should review your directive if you move.
### Can I change my mind after signing?
Yes, you can revoke or amend your advance healthcare directive at any time, even without a physician’s approval.
### Is an advance healthcare directive the same as a Do Not Resuscitate (DNR) order?
No. A DNR is a specific medical order signed by a physician that instructs healthcare providers not to perform CPR. An advance healthcare directive covers a broader range of medical decisions. You can include DNR preferences in your directive, but a separate physician’s order may also be needed.
### What if I am pregnant when my directive becomes active?
Utah law includes special provisions regarding advance healthcare directives during pregnancy. You should discuss this with your attorney when drafting your directive.
### How do I get copies of my advance healthcare directive to my doctor?
After signing, provide a copy to your primary care physician, any specialists you see regularly, your local hospital, and your healthcare agent. Keep the original in a safe but accessible location.
—
Jeremy D. Eveland, MBA, JD | 17 North State Street, Lindon UT 84042 | (801) 613-1472
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