Health Care Directive in Utah

A health care directive is a legal document that does two things: it names a person you trust to make medical decisions on your behalf if you cannot speak for yourself, and it records your own wishes for treatment, end-of-life care, and related decisions so that both your agent and your medical providers have clear guidance. In Utah, a single document — governed by the Utah Advance Health Care Directive Act (Utah Code § 75-2a-101 et seq.) — combines what other states often split into a living will and a separate medical power of attorney.

At Cutler Riley, a standalone health care directive is $300. It is included in every one-person ($1,500) and two-person ($2,000) estate plan package.

What Utah's Health Care Directive Covers

Utah's directive allows you to appoint a health care agent with legal authority to speak with your physicians, review your medical records, consent to or refuse treatment, authorize transfer to a different facility, and make end-of-life decisions in accordance with your stated wishes. That authority activates when your attending physician determines you lack the capacity to make or communicate your own health care decisions.

The same document also records your personal treatment preferences. You can address life-sustaining treatment and under what circumstances you would or would not want it continued, pain management and comfort care priorities, organ and tissue donation, preferences about hospice or home care, and any personal, religious, or ethical values you want your agent and providers to understand. The directive can be as specific or as general as you choose — what matters is that it gives your agent enough guidance to act with confidence when the time comes.

Utah's Legal Requirements for a Valid Health Care Directive

Under Utah Code § 75-2a-107, a health care directive must be signed by the declarant — the person making the directive — and either witnessed by one adult who is not the appointed agent or acknowledged before a notary public. The declarant must be at least 18 years old and of sound mind at the time of signing.

Utah's statute also requires that the health care agent not be the declarant's attending physician or the administrator of any health care facility in which the declarant is receiving care, unless the agent is also a close family member. The agent must be at least 18 years old.

You can revoke or amend a health care directive at any time while you have capacity, either in writing or by simply communicating the revocation to your agent or a health care provider. Unlike a will, a health care directive does not require probate or court involvement to take effect or to revoke.

Why a Health Care Directive Matters Even If You're Young and Healthy

Most people associate health care directives with old age or terminal illness. In practice, the situations that trigger a directive most often are sudden — a car accident, a surgical complication, a stroke. Incapacity can happen at any age, and it can happen without warning.

Without a directive in place, Utah law has a default hierarchy for who can make medical decisions on your behalf under Utah Code § 75-2a-107. That hierarchy — spouse, then adult children, then parents, then adult siblings — may not match your actual wishes, particularly if you are unmarried, estranged from family members, or would prefer someone outside that hierarchy to be in charge. A directive puts you back in control of that decision while you are still in a position to make it.

Without any authorized decision-maker, a hospital may have to seek court-appointed guardianship before proceeding with certain treatment decisions — a process that takes time your family may not have.

Choosing Your Health Care Agent

Your health care agent will have significant authority at a moment of high stress and emotion, so the choice deserves real thought. The most important quality is that this person understands your values and will advocate for your wishes even under pressure from other family members or medical providers who may disagree. Composure matters — medical decisions are often made quickly and in difficult circumstances. Geographic proximity is worth considering for emergencies, though it is not essential since most communication with medical providers can happen by phone.

You should also name at least one alternate agent to serve if your first choice is unavailable or unwilling to act. We recommend having that conversation with your intended agent before you finalize the directive so they understand what the role involves and are prepared to accept it.

How a Health Care Directive Relates to Your Other Estate Planning Documents

A health care directive covers medical decisions. It does not give your agent any authority over your finances — that requires a separate financial power of attorney. Together, the two documents address the full range of decisions that need to be made if you become incapacitated: your agent under the financial POA manages your accounts, pays your bills, and handles your property, while your health care agent works with your medical team.

Both documents operate during your lifetime and have no effect on what happens to your estate after death. That is handled by your will and revocable trust. A complete estate plan includes all four documents working together. You can read more about the financial power of attorney on our Power of Attorney Utah page.

Frequently Asked Questions

What is a health care directive in Utah?

A Utah health care directive is a legal document that names a health care agent to make medical decisions on your behalf if you cannot and records your own wishes for treatment and end-of-life care. Under the Utah Advance Health Care Directive Act (Utah Code § 75-2a-101 et seq.), a single document serves both functions — combining what other states often separate into a living will and a medical power of attorney.

Does a health care directive in Utah need to be notarized?

Under Utah Code § 75-2a-107, a health care directive must be signed by the declarant and either witnessed by one adult who is not the appointed agent or acknowledged before a notary. We notarize every directive we draft as a matter of standard practice, since it simplifies acceptance by hospitals and medical providers.

What happens if I don't have a health care directive in Utah?

If you lose capacity without a directive, Utah law provides a default hierarchy for medical decision-making that begins with your spouse and proceeds through adult children, parents, and adult siblings. That hierarchy may not reflect your wishes — particularly if you are unmarried, have an estranged family relationship, or would prefer a different person in that role. In the absence of an authorized agent, some treatment decisions may require court-appointed guardianship.

Can I change my health care directive after I sign it?

Yes. You can revoke or amend your directive at any time while you have capacity, either in writing or by communicating the revocation to your agent or a health care provider. The revocation takes effect immediately upon communication.

What is the difference between a health care directive and a POLST form?

A health care directive is a planning document you create in advance while you are healthy, naming an agent and recording your general treatment preferences. A POLST (Physician Order for Life-Sustaining Treatment) is a medical order signed by a physician, typically used for patients who are already seriously ill, that gives immediate instructions to emergency responders and care providers. The two documents serve different purposes and can coexist. A health care directive is the right starting point for anyone doing estate planning.

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Ready to Put a Health Care Directive in Place?

A health care directive at Cutler Riley is $300 — included in every estate plan package or available as a standalone document. Book your free consultation and we'll make sure your medical wishes are documented and your agent has the legal authority to act on them.

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