A Utah advance healthcare directive combines a medical power of attorney and a living will into one legal document. Under Utah Code Section 75-2-1101, it allows you to appoint a healthcare agent and state your wishes about life-sustaining treatment, artificial nutrition, and other medical decisions in case you become unable to communicate.
Last updated: June 2026
Key Takeaways
- An advance healthcare directive combines the appointment of a healthcare agent with written instructions about your medical treatment preferences.
- Utah Code Section 75-2-1101 provides the statutory framework and includes a recommended form that satisfies all legal requirements.
- The directive becomes effective when your attending physician determines you lack capacity to make healthcare decisions.
- Healthcare providers must comply with your directive to the fullest extent possible and may not condition care on whether you have one.
An advance healthcare directive is one of the most important documents in a Utah estate plan. It ensures that your medical wishes are known and respected even when you cannot communicate them yourself. By combining the appointment of a healthcare agent with specific instructions about your care, the advance healthcare directive gives you comprehensive control over your medical treatment in times of incapacity.
The Utah Advance Health Care Directive Act recognizes that medical decision-making is deeply personal and that individuals should have the right to direct their own healthcare to the greatest extent possible. The law provides a clear legal framework for creating and using advance directives and requires healthcare providers to honor them. Understanding how to create and use an advance healthcare directive is essential for every Utah adult.
What is included in a Utah advance healthcare directive?
A Utah advance healthcare directive typically includes two main components. The first is the appointment of a healthcare agent who will make medical decisions on your behalf. The second is your specific instructions regarding life-sustaining treatment, including whether you want to receive or refuse cardiopulmonary resuscitation, mechanical ventilation, artificial nutrition and hydration, and other life-prolonging interventions. The directive may also include your wishes about pain management, organ donation, and disposition of your remains.
Utah Code Section 75-2-1101 provides a statutory form that includes all of these components in an organized, easy-to-complete format. The form includes checkboxes and spaces for you to indicate your specific wishes, making it simple to create a comprehensive directive without extensive legal assistance. The statutory form is designed to be recognized by healthcare providers throughout Utah and in most other states.
How do you execute a valid advance healthcare directive in Utah?
To execute a valid advance healthcare directive in Utah, you must sign the document while you are of sound mind. Under Utah Code Section 75-2-1103, the directive must be signed by you or by someone at your direction in your conscious presence. It must be either witnessed by two individuals who are present when you sign or acknowledged before a notary public. Witnesses cannot be your healthcare agent, your healthcare provider, or an employee of a healthcare facility where you are receiving care.
The witnesses must affirm that you appear to be of sound mind and free from duress or undue influence. They must also affirm that they are not related to you by blood, marriage, or adoption and are not entitled to any portion of your estate. These requirements are designed to prevent fraud and ensure that the directive reflects your genuine wishes rather than the influence of someone else.
When does an advance healthcare directive become effective?
An advance healthcare directive becomes effective when your attending physician determines that you lack capacity to make healthcare decisions. This determination must be based on a reasonable medical assessment and should be documented in your medical records. Once the directive becomes effective, your healthcare agent has the authority to make decisions within the scope of the authority you granted and in accordance with your expressed wishes.
If you later regain capacity, the directive ceases to be effective, and you resume making your own healthcare decisions. The directive only operates during periods when you cannot make or communicate your own decisions. This feature ensures that the directive respects your autonomy while providing continuity of decision-making during incapacity.
Under Utah Code Section 75-2-1107, a healthcare provider who is unwilling to comply with an advance healthcare directive must take reasonable steps to transfer the patient to another provider who will comply, ensuring that the patient’s wishes are honored.
What are the limitations of a Utah advance healthcare directive?
While an advance healthcare directive gives you significant control over your medical treatment, there are limitations. The directive cannot require healthcare providers to take actions that are illegal, unethical, or contrary to generally accepted healthcare standards. For example, you cannot require a provider to administer a treatment that is not medically appropriate or that has no realistic chance of benefiting you.
Additionally, if you are pregnant and your directive would result in your death, Utah law may limit the enforceability of certain provisions. Under Utah Code Section 75-2-1108, life-sustaining treatment cannot be withheld or withdrawn from a pregnant woman if the fetus could develop to the point of live birth with the continued application of life-sustaining treatment, unless the treatment is causing the woman’s death or there is no reasonable likelihood of the fetus developing to live birth.
How does an advance healthcare directive interact with other estate planning documents?
An advance healthcare directive works together with other estate planning documents to provide comprehensive protection. The durable power of attorney handles financial matters during incapacity, while the advance healthcare directive handles medical decisions. Together, they ensure that all aspects of your life are covered if you become unable to manage your own affairs.
The advance healthcare directive also coordinates with your will and trust by addressing medical decisions that may affect your estate. For example, decisions about whether to continue life-sustaining treatment can affect the timing of inheritance and the administration of your estate. Having all of these documents in place as part of a comprehensive estate plan ensures that your wishes are respected across all aspects of your life.
How often should you update your advance healthcare directive?
You should review your advance healthcare directive periodically and update it whenever your circumstances change significantly. Events that warrant updating your directive include marriage or divorce, the death or incapacity of your named agent, a change in your health status, a change in your religious or personal beliefs about medical treatment, or moving to a different state. Reviewing your directive every few years is a good practice even if your circumstances have not changed.
If you create a new advance healthcare directive, you should destroy all copies of the old directive and notify your healthcare agent, family members, and healthcare providers of the change. Providing copies of the new directive to your primary care physician and local hospital ensures that your current wishes will be on file when needed.
Frequently Asked Questions
Is an advance healthcare directive the same as a living will?
Not exactly. A living will is a component of an advance healthcare directive. The advance directive also includes the appointment of a healthcare agent, while a living will only contains written instructions about your care.
Can I change my mind after signing an advance healthcare directive?
Yes. You may revoke or amend your directive at any time while you are mentally competent. The revocation can be in writing or oral, but written revocation is recommended to avoid confusion.
Does my advance healthcare directive expire?
No, a properly executed Utah advance healthcare directive does not expire. It remains in effect until you revoke it or until your death.
Should I give copies of my directive to my doctor?
Yes. You should provide copies to your primary care physician, any specialists you see regularly, and the hospital where you typically receive care. This ensures your directive is available when needed.
Can my healthcare agent be held liable for decisions made under my directive?
No, as long as the agent acts in good faith and in accordance with your expressed wishes. The Utah statute provides immunity for agents who act in compliance with the directive.
What if I lose my advance healthcare directive?
If you lose your directive, you can execute a new one. You should keep the original in a safe but accessible location and provide copies to your agent and healthcare providers.
Does Utah recognize out-of-state advance healthcare directives?
Yes. Utah law generally recognizes advance healthcare directives that were properly executed in another state, as long as they comply with that state’s execution requirements.
Need a Utah advance healthcare directive?
An advance healthcare directive is a vital document that protects your medical wishes and relieves your family of the burden of making difficult decisions without guidance. An experienced estate planning attorney can help you create a directive that reflects your values and addresses your specific concerns.
Take control of your healthcare decisions with a properly drafted Utah advance healthcare directive.
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.
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