Utah Advance Health Care Directive: The 2026 Law, Who Can Decide for You, and How to Sign
General information, not legal advice. Read the full disclaimer.
Short answer: Utah's advance health care directive rules were replaced by Utah Code Title 75A, Chapter 9, effective January 1, 2026 (the earlier Part 3 of Chapter 3 sunset that day). An advance health care directive lets you (1) appoint an agent with a power of attorney for health care to make decisions if you can't, and (2) give health care instructions about the care you want or don't want. A power of attorney for health care must be in a record, signed by you, and signed by an adult witness who reasonably believes you are acting voluntarily and knowingly, is present when you sign (in person, by live audio-video, or by live audio in limited cases), and is not your agent, your agent's spouse or cohabitant, or, if you live in a nursing home or assisted living facility, an owner, operator, employee or contractor of that facility (§ 75A-9-107). A health care agent's decisions take effect without court approval. The state provides an optional form (§ 75A-9-110).
Who this guide is for
Utah adults of any age who want to decide in advance who speaks for them medically, and families who have been asked to make decisions for a loved one.
What the law lets you do
- Name an agent (and an alternate) to make health care decisions if you lack capacity (§ 75A-9-107). You can limit the agent's authority.
- Give health care instructions about preferred providers and institutions, who should (or shouldn't) be consulted, a preferred guardian if one is ever appointed, and a default surrogate (§ 75A-9-106). Instructions can be in the same record as the power of attorney. A health care professional who receives an instruction must document it in your medical record.
- Make an advance mental health care directive limited to mental health care (§ 75A-9-108).
- Use the optional form (§ 75A-9-110), which includes Part A (naming an agent and alternate, limiting authority), Part B (instructions about life-sustaining treatment, among other topics) and a place for organ donation wishes.
An agent can't be a person a court found poses a danger to your well-being, or an owner, operator, employee or contractor of a facility where you live unless a family member, cohabitant or a descendant of your cohabitant.
Signing and witnesses
A power of attorney for health care must be signed by you and by an adult witness who is present when you sign or when you say the document reflects your wishes. The witness counts as "present" if physically there, if connected by real-time audio and video, or by real-time audio if they know you or can authenticate you. We did not find a notarization requirement in this chapter, and electronic records and signatures can't be denied effect solely because they are electronic (§ 75A-9-115). Ask the provider or an attorney if your situation is unusual.
If you don't have a directive: the default surrogate
If you lack capacity and have no agent or guardian available, § 75A-9-111 lists who may act as default surrogate, in descending priority (if reasonably available and not disqualified): an adult you identified; your spouse (unless divorce, separation or desertion applies); your adult child or parent; your cohabitant; your adult sibling; your adult grandchild or grandparent; an adult who has helped you with supported decision-making over the prior six months; an adult stepchild you parented; an adult who has shown special care and concern for you; or a designated physician. A professional may ask the surrogate to sign a declaration. Disagreements among default surrogates are addressed in § 75A-9-112.
Changing or revoking
You can revoke an agent, a default surrogate designation, or an instruction by any act that clearly indicates your intent, including an oral statement to a health care professional, unless a court has found you lack capacity (§ 75A-9-114). A later conflicting directive revokes the earlier one to the extent of the conflict. Unless your directive says otherwise, a spouse named as agent is automatically removed if a divorce or annulment petition is filed, a decree issues, you agree to a legal separation, or the spouse willfully deserts you for over a year.
Out-of-state directives and copies
A directive made in another state is valid if it complies with that state's law or with Utah's chapter, and providers may rely on a directive that appears genuine unless they have good cause to doubt it (§ 75A-9-115). Give copies to your agent, doctors and hospital, and keep one where your family can find it. Section 75A-9-124 addresses the effect of copies and certified physical copies.
What it doesn't cover
A health care directive isn't a will, doesn't manage money or property (that's a financial power of attorney; see Powers of Attorney in Utah), and doesn't replace a guardianship if one becomes necessary (see Utah Adult Guardianship and Conservatorship). For the rest of a basic plan, see Utah Estate Planning Checklist and Utah Will Requirements.
Frequently asked questions
Is my old Utah directive still valid?
The statute provides transitional rules (§ 75A-9-129); ask your provider, and consider updating to the new form if you're unsure.
Do I need a lawyer or notary?
The chapter requires your signature and an adult witness for a power of attorney for health care; we did not find a notary requirement. A lawyer can help with complex situations.
Who can't be my witness?
Your agent, your agent's spouse or cohabitant, or (in a facility) the facility's owner, operator, employee or contractor.
Can I revoke it by telling my doctor?
Yes — an oral statement to a health care professional can revoke, unless a court has found you lack capacity.
What happens if I have no directive?
A default surrogate, in the order the statute lists, can make decisions.