Utah Health Care Directive: How to Name Your Medical Decision-Maker
A Utah health care directive is a signed document that names the person who will make medical decisions for you if you cannot, and that can record your own wishes about treatment. Under Utah's Uniform Health-Care Decisions Act, found in Utah Code Title 75A, Chapter 9 and effective January 1, 2026, it is valid when you sign it and one adult witnesses it. A notary is not part of that requirement. At Legacy Peak Estate Planning Law, a standalone health care directive is a flat $300, and it is included in our will-based and trust-based estate plans.
You may also hear this document called a living will or a medical power of attorney. In Utah, one directive can do both jobs: it can name your agent (the medical power of attorney part) and record your wishes about life support and other treatment (the living will part).
Without a directive, your family does not get to choose among themselves. Utah's statute sets a default order of who may decide for you, and relatives who disagree can end up in court. A directive replaces that guesswork with your own choice, made while you are healthy.
What a health care agent does
The person you name is your health care agent. Your agent can make medical decisions for you only when you cannot make or communicate them yourself, and must follow the instructions you leave. If you have not covered a situation, your agent decides based on what you would want, and where that is unknown, on your best interests.
The directive covers medical care only. Money, property and bills belong in a separate financial power of attorney. Our guide to the durable power of attorney explains how the two documents work together.
When your agent's authority begins
You keep making your own medical decisions for as long as you are able to. Your agent's authority begins when you lack the capacity to decide, and Utah law sets rules for how that determination is made. A determination of incapacity must come from a qualified health professional, and under § 75A-9-103 the person making it cannot be a member of your family. If you disagree with a finding that you cannot decide, Utah's statute lets you object, and your agent's authority pauses and can resume if you later lose capacity again (§ 75A-9-117).
How to sign a Utah health care directive
Utah's statute calls for your signature and the signature of one adult witness. It does not require a notary. Some hospitals and out-of-state providers are more comfortable with a notarized document, so we can add one at signing if you want it, though the law does not demand it.
A directive can be signed electronically, and a copy has the same effect as an original (§ 75A-9-124). That matters in an emergency, when no one can find the paper in the safe deposit box.
Choosing your agent, a backup and co-agents
Choose someone who will stay calm in a hospital, understands your values, and will follow your instructions even when the family disagrees. Geography and availability matter more than rank in the family. Name at least one backup agent in case your first choice is unavailable, unwilling or unable to serve.
You may name more than one person to act together. Unless your directive says otherwise, co-agents can act independently, which means one agent can make a decision without the other's consent. If you want agents to decide jointly, the directive has to say so, but joint authority can stall a decision in an emergency, so most clients name one agent and one backup.
If you are married, your spouse does not automatically remain your agent after a divorce. A divorce revokes the spouse's appointment, so your backup agent should not be your spouse's relative if you would not want that person serving after a separation.
What to say about treatment
This is the living will part of a directive, and it does more than name an agent. You can state your wishes about life support, resuscitation, pain relief, organ donation and similar care. Be specific about the situations you worry about, and tell your agent why. "No heroic measures" means different things to different people.
Utah's statute places limits on some decisions about withholding or withdrawing artificial nutrition, hydration and ventilation (§ 75A-9-118), so these instructions are worth reviewing with an attorney rather than copying from a form.
Two areas get special treatment. Your agent can consent to your admission to a mental health facility only if your directive says so specifically, in writing, and that authority is limited in duration. Your agent's authority over nursing-home admission is also limited, to 100 days. If you want your agent to have broader authority in either area, discuss it before you sign.
If you have no directive, or your family disagrees
When no one holds your authority, Utah's statute names who may decide for you in a default order. The list includes a spouse, adult children and other relatives, and it now reaches a stepchild and a person who supports you in making decisions (§ 75A-9-111). Having a statutory decision-maker is not the same as having the one you would choose, and the default offers no tie-breaker when adult children disagree.
If a court has appointed a guardian, your named agent still takes priority over the guardian on health care decisions (§ 75A-9-121). A directive therefore protects your choice even in a guardianship case.
Changing or revoking your directive
You can revoke or change a directive at any time while you have capacity. Sign a new one, or deliver a written revocation to your agent and your providers. Give copies of the new directive to your agent, your backup, your doctor and your family, and ask the old holders to destroy theirs.
Electronic copies, other states and older directives
A directive that is valid where you signed it is recognized in Utah (§ 75A-9-115), so you do not need to redo it if you moved here. A directive signed before January 1, 2026 remains valid under the new law (§§ 75A-9-128 and -129), so there is no deadline to redo an older document. Even so, we recommend a review if your agent has died, moved or fallen out of touch with you, or if the document predates a change in your family or your wishes.
Directive, financial power of attorney and POLST
A health care directive names a medical decision-maker and records your wishes in advance. A financial power of attorney covers money and property and does nothing about medical care. A POLST-type order is different again: it is a medical order signed by a clinician for a patient with serious illness, governed by Utah Code § 26B-2-802. A directive is for everyone who wants a medical decision-maker; a POLST is for people already facing a serious illness, and the two should say the same thing.
What a Utah health care directive costs
At Legacy Peak Estate Planning Law, a standalone health care directive is a flat $300. It is included at no additional charge in our will-based and trust-based estate plans. See our pricing page for the full list of fees.
Frequently asked questions
Is a health care directive the same as a living will?
Utah's statute uses one document for both jobs. A health care directive can name an agent, state your treatment wishes, or do both. People often say "living will" for the instructions part and "medical power of attorney" for the agent part.
Does a Utah health care directive need to be notarized?
No. The statute calls for your signature and one adult witness. A notarized copy is sometimes easier to use with out-of-state providers, but it is not required.
My directive was signed before 2026. Is it still valid?
Yes. Directives signed before January 1, 2026 remain valid under Utah's new Uniform Health-Care Decisions Act (§§ 75A-9-128 and -129).
I signed my directive in another state. Does Utah honor it?
Generally yes. A directive that was valid where it was signed is recognized in Utah (§ 75A-9-115). If you now live here, a short review makes sure it names agents who are still available and matches your wishes.
Who decides if I have no directive?
Utah's default list applies, and it begins with your closest relatives and includes some people who are not blood relatives (§ 75A-9-111). The person at the top of the list may not be the person you would choose.
Put your directive in place
A health care directive takes about an hour to prepare and is one of the most useful documents a family can have ready before a hospital stay. If you would like Legacy Peak Estate Planning Law to prepare yours, schedule a free consultation. We meet clients at our Draper and Kaysville offices and serve families across Utah. You can also call us at (801) 823-0010.
This article is general information about Utah law and is not legal advice for your situation. Reading it does not create an attorney-client relationship.