Utah Living Will Requirements
Based on Utah Code Title 75, Chapter 2a (Advance Health Care Directive Act)
Quick Summary
- Document type: Advance Health Care Directive
- 1 witnesses required
- Notarization not required
Witness Requirements
Utah requires 1 witnesses who are present when you sign your advance health care directive. Witnesses have the following restrictions:
Witness restrictions:
- The witness must be at least eighteen (18) years of age
- The witness must be a disinterested adult
- The witness cannot be the person who signed the directive on behalf of the declarant
- The witness cannot be related to the declarant by blood or marriage
- The witness cannot be entitled to any portion of the declarant's estate according to the laws of intestate succession or under any will or codicil of the declarant
- The witness cannot be a beneficiary of a life insurance policy, trust, qualified plan, pay-on-death account, or transfer-on-death deed held by the declarant
- The witness cannot be entitled to benefit financially upon the death of the declarant
- The witness cannot be entitled to a right to, or interest in, real or personal property upon the death of the declarant
- The witness cannot be directly financially responsible for the declarant's medical care
- The witness cannot be a health care provider who is providing care to the declarant or an administrator at a health care facility in which the declarant is receiving care
When Your Living Will Takes Effect
Your Utah living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is a condition caused by injury, disease, or illness which, regardless of the application of life-sustaining procedures, would within reasonable medical judgment produce death.
Persistent Vegetative State
A persistent vegetative state is a state of severe mental impairment in which only involuntary bodily functions are present, the person totally lacks higher cortical and cognitive function but maintains vegetative brain-stem processes, and for which there exists no reasonable expectation of regaining significant cognitive function, as diagnosed by two physicians, one of whom shall be the attending physician, in accordance with reasonable medical judgment.
Irreversible Condition
An irreversible condition is one in which the application of life-sustaining procedures serves only to prolong the dying process and the patient has no reasonable expectation of recovery, as determined in accordance with reasonable medical judgment.
Important Notes for Utah
- Utah follows the Advance Health Care Directive Act (Utah Code Title 75, Chapter 2a)
- Only one disinterested witness is required; notarization is not required
- The optional statutory form is provided in Utah Code §75-2a-117
- The directive allows the declarant to appoint a health care agent, record health care wishes, and specify organ donation preferences
- A directive may be revoked at any time and in any manner by the declarant, without regard to the declarant's mental or physical condition
- Any provisions of the directive that are left blank shall be deemed intentional and shall not invalidate the document
- The statute provides for default surrogate decision-makers when no agent is designated and the patient lacks capacity
- Utah recognizes advance directives validly executed in another state if they comply with Utah law or the law of the state where executed
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.