Utah Advance Health Care Directive

End-of-life care is not a subject that many people find comfortable to talk or think about, nevertheless, it is crucial that an individual makes preparations for such circumstances. A straightforward way of doing so is to execute a Utah Advance Health Care Directive. An individual, called the Principal, can use the framework provided in this document as a starting point for determining their end-of-life wishes. The purpose of a Principal noting down their wishes is so that if one day they become incapacitated, this document will serve as a legally-binding record of their wishes. The party who will be obliged to ensure their wishes are followed is a trusted individual chosen by the Principal called the Agent.


State Laws & Signing Requirements

State Laws – Advance Health Care Directive Act

Signing Requirements (§ 75-2a-107(1)(c)) – State law mandates that an Advance Directive must be witnessed by a disinterested adult. In the case that at the time of execution of the Advance Directive the Principal resides or is about to reside in:

a) a hospital,

b) assisted living facility,

c) skilled nursing facility, or

d) a similar facility,

they are not permitted to name any Agent who is “the owner, operator, health care provider, or employee of the hospital, assisted living facility, skilled nursing, or similar residential care facility.” The exception to this is if the Agent’s authority is strictly limited to the purpose of assisting the Principal to establish eligibility for Medicaid, or the Agent is the Principal’s:

a) spouse,

b) legal guardian,

or c) next of kin.