A Utah medical power of attorney, also called an Advance Health Care Directive, allows you to appoint an agent to make healthcare decisions if you become unable to make them yourself. Under Utah Code Section 75-2-1105, this document gives your agent authority over medical treatments, surgical procedures, and end-of-life care.
Last updated: June 2026
Key Takeaways
- A medical power of attorney appoints a healthcare agent to make medical decisions when you are incapacitated and cannot communicate your wishes.
- Under Utah Code Section 75-2-1105, the agent’s authority includes consenting to or refusing medical treatment, choosing healthcare providers, and accessing medical records.
- The medical power of attorney is different from a living will, though they are often combined into a single advance healthcare directive.
- Without a medical power of attorney, healthcare providers may need court authorization for medical decisions, or decisions may fall to family members under Utah’s default surrogate law.
A medical power of attorney is an essential component of every Utah estate plan. While often discussed alongside the financial durable power of attorney, the medical power of attorney serves a different and equally important purpose. It ensures that someone you trust has the legal authority to communicate with doctors, access medical records, and make healthcare decisions that reflect your values and preferences when you cannot speak for yourself.
The Utah Advance Health Care Directive Act, codified in Utah Code Sections 75-2-1101 through 75-2-1119, provides the legal framework for medical powers of attorney and advance directives. This statute allows Utah residents to create comprehensive healthcare directives that address both end-of-life decisions and broader medical decision-making authority.
How is a medical power of attorney different from a living will?
A medical power of attorney appoints an agent to make healthcare decisions, while a living will states your specific wishes regarding life-sustaining treatment. The medical power of attorney gives your agent flexibility to make decisions based on the specific circumstances that arise, even if those circumstances were not anticipated in advance. A living will provides specific instructions about your wishes but does not appoint anyone to make decisions for you.
In Utah, the two documents are often combined into a single advance healthcare directive. This document includes both the appointment of a healthcare agent and your specific instructions about life-sustaining treatment, artificial nutrition and hydration, pain management, and other end-of-life care. Having both in one document ensures comprehensive coverage of your healthcare wishes.
What authority does a Utah medical power of attorney grant?
Under Utah Code Section 75-2-1105, an agent under a medical power of attorney has authority to make any healthcare decision that the principal could make if they had capacity. This includes the power to consent to or refuse medical treatment, choose or change healthcare providers, authorize admission to or discharge from healthcare facilities, access medical records, and make decisions about life-sustaining treatment including whether to continue or withdraw such treatment.
The agent’s authority begins when the principal’s attending physician determines that the principal lacks capacity to make healthcare decisions. The agent must make decisions in accordance with the principal’s wishes as expressed in the advance directive or as otherwise known to the agent. If the principal’s wishes are unknown, the agent must act in the principal’s best interests based on what a reasonable person would choose in the circumstances.
Who can serve as a healthcare agent in Utah?
Any competent adult can serve as a healthcare agent under a Utah medical power of attorney. The agent should be someone you trust to make difficult medical decisions under stressful circumstances. Common choices include a spouse, adult child, sibling, or close friend. Under Utah law, your healthcare provider or an employee of a healthcare facility where you are receiving treatment cannot serve as your agent unless they are a family member.
You should discuss your wishes with your chosen agent before naming them in the document. The agent should understand your values, religious beliefs, and preferences regarding medical treatment so they can make decisions that align with your wishes. It is also wise to name a successor agent in case your first choice is unavailable or unwilling to serve when the time comes.
How do you create a valid medical power of attorney in Utah?
To create a valid medical power of attorney in Utah, you must sign the document while you are of sound mind. Under Utah Code Section 75-2-1103, the document must be signed by you or by someone at your direction in your presence. It must also 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 your healthcare provider.
Utah provides a statutory form for advance healthcare directives that includes both the medical power of attorney and the living will provisions. Using the statutory form is not required, but it provides assurance that your document will be recognized by healthcare providers. The statutory form includes checkboxes where you can specify your wishes regarding life-sustaining treatment, artificial nutrition and hydration, and organ donation.
Under Utah Code Section 75-2-1107, healthcare providers must comply with a properly executed advance healthcare directive to the fullest extent possible, and they cannot condition the provision of care on whether you have executed an advance directive.
What happens if you do not have a medical power of attorney in Utah?
If you become incapacitated without a medical power of attorney, Utah law provides a default hierarchy of surrogates who can make healthcare decisions for you. Under Utah Code Section 75-2-1105, the default surrogate is, in order of priority: your spouse (unless you are legally separated), your adult child, your parent, your adult sibling, your grandparent, or a close adult relative. However, having a formally appointed agent is preferable because you choose the person who will make decisions, and the document can guide their decision-making.
The default surrogate process can lead to disputes among family members about who should make decisions and what decisions should be made. A medical power of attorney eliminates these disputes by clearly naming the decision-maker and providing guidance about your wishes. It also gives your agent immediate authority to access medical records under HIPAA, which can be critical in an emergency.
How do you update or revoke a Utah medical power of attorney?
You may revoke your medical power of attorney at any time, regardless of your physical condition, as long as 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 stating your intent to revoke in the presence of a witness. You should notify your healthcare agent and your healthcare providers of any revocation to prevent confusion.
It is a good practice to review your medical power of attorney periodically and update it if your circumstances change. Marriage, divorce, the death of your named agent, or a change in your medical condition may warrant updating your advance directive. If you marry or divorce after executing the document, Utah law provides that marriage does not automatically revoke the document unless you and your spouse are divorced.
Frequently Asked Questions
Can I name different agents for financial and healthcare decisions?
Yes. Most people name different agents for financial and healthcare decisions, as these roles require different skills and judgments. The same person can serve in both roles if desired.
Does a medical power of attorney need to be notarized in Utah?
A medical power of attorney in Utah must be either witnessed by two individuals or acknowledged before a notary public. Either method satisfies the legal requirements.
Can my healthcare agent make decisions about mental health treatment?
Yes, if the advance directive grants authority over mental health treatment. Some people choose to include specific instructions about mental health treatment preferences.
What if my agent and my family disagree about my care?
Your agent has the legal authority to make decisions under your advance directive. Healthcare providers are required to follow your agent’s directions, subject to facility policies and applicable law.
Does a medical power of attorney cover organ donation?
Yes. The Utah advance healthcare directive form includes a section where you can indicate your wishes regarding organ, tissue, and eye donation.
Can I revoke my medical power of attorney if I become incapacitated?
No. If you are incapacitated, you lack the capacity to revoke the document. The document remains effective until you regain capacity or until it is revoked by a court.
Is a Utah medical power of attorney valid in other states?
Most states will honor a properly executed out-of-state medical power of attorney under the Uniform Law on the Recognition of Advance Directives or similar provisions. However, it is wise to execute a document that complies with the laws of any state where you may receive treatment.
Need a Utah medical power of attorney?
A medical power of attorney ensures that your healthcare wishes are respected even when you cannot communicate them. An experienced estate planning attorney can help you create a comprehensive advance healthcare directive that addresses your specific concerns and values.
Ensure your healthcare wishes are known and respected with a properly drafted medical power of attorney.
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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