When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive.
An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed.
Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably.
In this article, you will get a complete guide for making an Advance Directive for Healthcare in Utah.
Legal Requirements for a valid Advance Directive
- Written by the grantor (maker of an Advance Directive): Yes
- Grantor must be:
- Above the age of 18 years: Yes
- Sound mind and memory: Yes
- Signed by the grantor: Yes/any other person on his behalf
- Signed by Proxy/Agent: No
- Proxy/agent accepts his role in writing: No
- Witness required: Yes
- Number of witnesses: 2
- Signed by the witnesses: Yes
- Number of documents required: 1
- Other names for a Living Will in Utah: Advance Health Care Directive
- Other names for a Healthcare Power of attorney in Utah: Advance Health Care Directive
- Proxy can decide on mental health issues: No
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Who can be your witnesses in the Utah Advance Directive?
Anyone can be your witness in Utah if;
- He is an adult i.e., above 18 years of age, and
- He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.
Your witnesses cannot be:
- Your healthcare proxy/agent,
- your supervising health care provider/ his employer,
- the healthcare provider/administrator of a healthcare facility where you’re receiving care,
- a person related to you by blood or marriage,
- a person entitled to a share in the estate on your death or entitled to any claim/benefit on your death,
- a person entitled to a right to or interest in your personal property upon your death,
- a person who signed the Directive on your behalf, and
- someone directly financially responsible for your medical care.
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Who can be your Proxy in the Utah Advance Directive?
Anyone can be your Proxy/Agent in Utah if;
- He is an adult i.e., above 18 years of age, and
- He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.
Who cannot be your Proxy/Agent:
- your supervising health care provider,
- if you are receiving care at a community care facility/residential care facility then its operator, owner, or its employee.
Unless, such healthcare provider/owner/employee is related to you by blood, marriage, or adoption.
Other than the above legal requirements, the Proxy/Agent should be:
- Trustable to adhere to your wishes and intentions.
- Trustable to defend you if there’s any disagreement about your medical care.
- He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
- He should not be your doctor or one of the caretakers.
Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.
When does an Advance Directive come into effect in Utah?
In Utah, an Advance Directive becomes legally binding but doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your behalf and have become debilitated due to illness or injury.
Note: Your Utah Advance Directive will not be effective in any medical crisis or emergency. Ambulance and hospital emergency department personnel are required to provide cardiopulmonary resuscitation (CPR) unless they are given a separate directive that states otherwise.
How can an Advance Directive be revoked?
You can revoke or terminate your Utah Advance Directive anytime by:
- Writing “void” across your Directive or directing another person to do the same on your behalf,
- A written revocation or directing another person to do the same on your behalf,
- An oral revocation in presence of a witness who is an adult and sound mind, and
(Note: such witness will not be eligible to become an agent or surrogate in the new Advance Directive)
- Tearing, burning, and obliterating or destroying the document in any other way.
- Executing a new Advance Directive.
Learn about the requirements of Utah Last Will and Testament and Utah Last Will and Testament Template.
How to amend or change an Advance Directive?
You can make changes or amend your Advance Directive at any time in Utah but once you have signed and witnessed/notarized it you have to complete a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.
Utah rules for divorce after making your Advance Directive
Divorce from the spouse will not make any effect on the validity of the Utah Advance Directive unless the spouse was named under Section 1 (Appointment of Healthcare) as the Proxy/Agent, the divorce or annulment of marriage will revoke the Utah Advance Directive with immediate effect. Then you have to make changes and fill a new document of Advance Directive.
If you prefer that your spouse continue to be your agent after marriage or on divorce, you can reaffirm your health care representative’s appointment in writing.
Utah rules for pregnancy after making your Advance Directive
A pregnant patient’s Utah Declaration will not be honored if it is possible that the fetus could develop to the point of live birth with continued application of life-sustaining treatment.
Sections of the Utah Advance Directive Form
Section 1: Power of attorney for health care
You can fill this form out and provide all the details. This section allows you to appoint the Healthcare Attorney-in-fact/Agent and fill in his information along with the instructions for him to follow.
Section 2: Individual’s Instructions (Living Will)
This section states your wishes regarding medical care when your doctor determines that either:
- that you are terminally ill and to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or
- that you are in a persistent vegetative state.
Section 2, Page 5: Donations of Organs at death
Section 3: Revocation of Advance Healthcare Directive
This section of the Utah Advance Directive form contains general provisions regarding when you are allowed to revoke the Advance Directive, the competency of the witness to revoke, and healthcare representative, when revocation of your Advance Directive will be effective, etc.
Section 4: Execution
You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required.
Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records.
Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.
