Health Care Directive in Utah
A Utah advance health care directive lets you decide who should make medical decisions for you if you cannot make them yourself and gives you a place to explain your wishes about medical treatment.
Utah law allows an advance health care directive to include:
a power of attorney for health care naming your medical decision-maker;
written health care instructions describing your wishes; or
both.
At Legacy Peak Estate Planning Law, a standalone health care directive is $300. It is also included in our will-based and trust-based estate planning packages.
What Is a Utah Advance Health Care Directive?
An advance health care directive is a legal planning document for medical decisions.
Under Utah's current Uniform Health Care Decisions Act, an advance health care directive can include a power of attorney for health care, written health care instructions, or both. Utah Code 75A-9-101
Most comprehensive directives do both.
The document can name the person you want making decisions for you and give that person guidance about your values, treatment preferences, life-sustaining care, pain relief, and other medical issues.
What Does a Health Care Agent Do?
Your health care agent is the person you appoint to make health care decisions for you when the agent's authority becomes effective.
Depending on the directive and applicable law, your agent may be able to:
consent to or refuse medical treatment;
communicate with physicians and other health care professionals;
review medical information;
authorize appropriate transfers between facilities;
make decisions concerning life-sustaining treatment;
apply for health insurance or benefits when no one else is authorized to do so; and
make other medical decisions that you could have made yourself, subject to the limits in your directive and Utah law.
Utah law requires an agent to follow your known directions, goals, preferences, and wishes. If those cannot reasonably be determined, the agent must act according to your best interest. Utah Code 75A-9-101
When Does My Health Care Agent Get Authority?
Normally, your agent's decision-making authority begins when you are found to lack capacity to make the particular health care decision yourself.
Under Utah's 2026 law, a finding of lack of capacity ordinarily must be based on a contemporaneous examination by an authorized health care professional, such as a physician, qualifying psychologist, physician assistant, or advanced practice registered nurse. The finding must also be documented. Utah Code 75A-9-103
If you later regain capacity, your agent's authority generally stops.
Utah law also permits a health care power of attorney to state that the agent's authority begins immediately upon appointment rather than waiting for incapacity. Utah Code 75A-9-117
For most estate-planning clients, we discuss which approach best matches what they want.
Do I Still Make My Own Medical Decisions?
Yes, while you have capacity.
Creating a health care directive does not take away your right to make your own health care decisions.
Utah law presumes that an individual has capacity unless that presumption is overcome under the statutory process. Utah Code 75A-9-101
Even after someone determines that you lack capacity, the current statute gives you significant rights to object to that determination. Depending on the circumstances, an objection can require additional confirmation before your surrogate continues acting. Utah Code 75A-9-101
The directive is designed to preserve your choices, not replace them unnecessarily.
Utah Requirements for Naming a Health Care Agent
Under Utah's current law, a power of attorney for health care must:
be contained in a record;
be signed by the person creating it; and
be signed by a qualified adult witness.
The witness must reasonably believe that you are acting knowingly and voluntarily.
The witness cannot be:
the agent you are appointing;
your agent's spouse or cohabitant; or
in certain nursing-home or assisted-living situations, an owner, operator, employee, or contractor of the facility.
The witness must be present when you sign or when you acknowledge that the document reflects your wishes. Utah's new law permits that presence to occur in person or, in qualifying circumstances, through real-time electronic communication.Utah Code 75A-9-101
Does a Utah Health Care Directive Need to Be Notarized?
No. Under Utah's current law, notarization is not required merely to create the health care power of attorney.
If you appoint a health care agent, the statutory requirement is a qualified adult witness.
This is different from Utah's previous advance-directive law, which permitted execution through either a witness or a notarial acknowledgment.
Because the law changed effective January 1, 2026, older Utah forms and online explanations may describe execution requirements that are no longer current.
We prepare our directives under the current statute.
Who Should I Choose as My Health Care Agent?
Choose someone who understands your values and can make difficult medical decisions under pressure.
Good qualities include someone who:
will follow your wishes rather than substitute their own;
can communicate clearly with medical professionals;
is comfortable asking questions;
can remain composed during an emergency;
will advocate for you when family members disagree; and
is willing to serve.
Geographic proximity can be helpful, but it is less important than trust, judgment, and availability.
You should also name at least one alternate agent in case your first choice cannot serve.
Can I Name More Than One Health Care Agent?
Yes.
Utah's 2026 law specifically permits you to appoint multiple people as co-agents.
Unless your directive states otherwise, each co-agent may act independently. Utah Code 75A-9-101
That rule deserves attention when drafting the document.
Some clients want two children to be equally involved in medical decisions. Others prefer one primary decision-maker and an alternate to reduce the possibility of disagreement or delay.
You can structure the appointment to reflect your preferences rather than relying automatically on the statutory default.
What Can I Put in My Health Care Instructions?
Your directive can contain detailed instructions or broader guidance.
Utah's statutory form specifically gives individuals opportunities to address matters such as:
life-sustaining treatment;
pain relief and comfort;
the importance of independence;
physical or cognitive limitations;
whether an agent should consult family or friends;
personal goals and values;
organ and tissue donation;
preferences concerning medical providers or facilities;
guardian nominations; and
other treatment wishes. Utah Code 75A-9-101
The objective is not necessarily to predict every medical situation.
Often, the most useful directive combines specific instructions about the issues that matter most to you with enough flexibility for your agent to respond intelligently to circumstances that no form could anticipate.
What About Life Support?
A Utah health care directive can express your wishes concerning life-sustaining treatment.
The current statutory form allows you to address treatment in circumstances such as:
a terminal condition;
permanent unconsciousness; or
a serious medical condition from which you are not expected to recover and that substantially affects communication, self-care, and recognition of family and friends.
You can also address pain relief and other priorities separately. Utah Code 75A-9-101
This allows your agent and medical providers to understand not merely whether you want “life support,” but what quality-of-life considerations matter to you.
Can My Agent Admit Me for Mental Health Treatment?
Only if the directive gives the required authority.
Under current Utah law, an agent or default surrogate generally cannot consent to your voluntary admission to a mental-health treatment facility unless you specifically authorize that power in a written advance directive and state the maximum duration of the admission. Utah Code 75A-9-101
Utah also now expressly permits a separate advance mental health care directive addressing matters such as:
treatment facilities;
medications;
crisis intervention;
particular types of treatment; and
voluntary admission. Utah Code 75A-9-101
If mental-health decision-making is important to you, the directive should address it expressly rather than relying on generic medical authority.
Can My Agent Place Me in a Nursing Home?
The answer depends on the circumstances.
Utah's current statute places additional limitations on an agent's or default surrogate's ability to consent to nursing-home placement intended to last more than 100 days when certain conditions exist.
The directive can expressly grant broader authority concerning long-term placement. Utah Code 75A-9-101
This is another reason a customized directive can be more useful than simply filling out names on a generic form.
What Happens If I Do Not Have a Health Care Directive?
Utah law provides a default-surrogate system when a person lacks capacity and no appointed health care agent or authorized guardian is reasonably available.
Under the 2026 statute, priority generally begins with:
an adult you previously identified to make health care decisions;
your spouse;
an adult child or parent;
a cohabitant;
an adult sibling;
an adult grandchild or grandparent; and
certain other adults with qualifying relationships to you.
The statute contains additional categories and qualifications. Utah Code 75A-9-101
That framework is useful as a backup, but it may not produce the person you would have selected yourself.
A directive lets you make that choice in advance.
What If My Children Disagree?
This is an important reason to appoint an agent.
If there is no appointed agent and multiple people in the same default-surrogate class assume authority, Utah's new statute generally directs the health care professional to follow the majority of the qualifying members of the highest-priority class who have communicated their views.
If they remain evenly divided, additional statutory procedures apply. Utah Code 75A-9-112
Naming your own health care agent can avoid leaving important decisions to a default family voting process.
Does My Spouse Automatically Make My Medical Decisions?
Not in every circumstance.
A spouse has high priority under Utah's default-surrogate statute when no appointed agent or authorized guardian is available, but relying on default law is not the same as formally appointing your spouse as your agent.
A written directive gives clearer authority, lets you name alternates, and lets you state your treatment wishes.
Utah's current statute also limits a spouse's default priority in circumstances involving pending or completed divorce, legal separation, certain separation agreements, or prolonged willful desertion. Utah Code 75A-9-101
What Happens to My Agent Appointment If I Get Divorced?
Unless your directive provides otherwise, Utah law generally revokes a spouse's appointment as health care agent when specified divorce or legal-separation events occur.
Those events include the filing of certain divorce or separation proceedings, issuance of a qualifying decree, an agreement to legal separation, or willful desertion for more than one year. Utah Code 75A-9-101
If your marital status changes, your estate-planning documents should therefore be reviewed rather than assuming the old appointments still work as intended.
Can I Change or Revoke My Health Care Directive?
Yes, while you have the legal capacity to do so.
Under Utah's current statute, revocation can occur through any act clearly indicating an intent to revoke, including an oral statement to a health care professional.
A later directive that conflicts with an earlier directive generally revokes the earlier directive to the extent of the conflict. Utah Code 75A-9-101
As a practical matter, when you replace a directive, you should provide the new version to your agent and relevant medical providers so everyone is working from the same document.
Are Electronic Health Care Directives Valid in Utah?
Utah's new law expressly provides that an advance health care directive or signature cannot be denied legal effect solely because it is in electronic form.
Electronic and physical copies can also have the same effect as the original. Utah Code 75A-9-101
The separate execution requirements for appointing a health care agent still need to be satisfied.
Health Care Directive vs. Financial Power of Attorney
These documents address different problems.
A health care directive governs medical decisions.
A financial power of attorney gives an agent authority over financial and legal matters such as bank accounts, bills, contracts, and property.
One document does not replace the other.
A complete incapacity plan usually includes both.
Learn About Utah Powers of Attorney
Health Care Directive vs. POLST
A health care directive and a POLST serve different purposes.
A health care directive is an advance-planning document in which you appoint an agent and state your future health care wishes.
A POLST or other medical order concerning life-sustaining treatment is a medical order generally used when a person's current medical condition calls for specific treatment instructions that health care professionals should follow.
A person can have both.
For most healthy adults doing estate planning, the health care directive is the appropriate starting point.
How Much Does a Utah Health Care Directive Cost?
Our flat fee for a standalone Utah health care directive is:
$300
The document is also included in our will-based and trust-based estate planning packages.
A health care directive is ordinarily prepared together with your financial power of attorney so your medical and financial incapacity planning work together.
View Estate Planning Services and Pricing
Frequently Asked Questions
Is a living will the same as a health care directive?
The terminology varies.
Under Utah law, an advance health care directive can contain health care instructions—the function often associated with a “living will”—as well as a power of attorney appointing a health care agent. Utah Code 75A-9-101
Is a medical power of attorney the same thing?
A power of attorney for health care is one component that can be included in an advance health care directive.
The power of attorney names the agent. The health care instructions state your preferences.
A comprehensive directive can include both.
Does a Utah health care directive require a notary?
No.
Under the law effective January 1, 2026, a power of attorney for health care must be signed by you and by a qualified adult witness. The statute does not require notarization as an alternative to that witness. Utah Code 75A-9-101
Can my health care agent access my medical records?
Yes, subject to the statutory rules and the terms of the directive.
When the agent's authority is active, Utah law authorizes the agent to request, examine, copy, and consent to disclosure of health care information to the same extent you could.
The directive may also authorize access beginning upon appointment. Utah Code 75A-9-117
Should I name an alternate agent?
Usually, yes.
An alternate can act if the primary agent resigns, dies, becomes disqualified, is unavailable, or otherwise cannot serve. Utah expressly permits one or more alternate agents. Utah Code 75A-9-101
Can I name both of my children as co-agents?
Yes.
Utah now expressly permits co-agents. Unless your directive says otherwise, each co-agent has independent authority. Utah Code 75A-9-101
Whether that is desirable depends on the family. Sometimes independent authority is efficient; sometimes naming one primary agent avoids conflicting instructions.
Put Your Medical Wishes in Writing
A health care directive gives your family and physicians two things they may desperately need during a medical crisis: a person authorized to decide and guidance about what you want.
Legacy Peak Estate Planning Law prepares Utah advance health care directives that coordinate with your financial power of attorney and the rest of your estate plan.
Standalone Health Care Directive: $300