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Utah Advance Health Care Directive Form: How to Complete It Correctly

Utah Advance Health Care Directive Form: How to Complete It Correctly

Most people download Utah's advance directive form, stare at the legal language for ten minutes, and close the tab. The document sits unfinished because nobody explained what each section actually does or how one wrong witness choice invalidates the entire thing.

Utah overhauled its advance directive law on January 1, 2026, replacing the old Advance Health Care Directive Act with the Uniform Health Care Decisions Act under Utah Code Title 75A, Chapter 9. The statutory form at § 75A-9-110 now combines your healthcare proxy designation and your living will instructions into a single document.

Here is exactly how to complete it without an attorney.

What the Utah Advance Directive Form Covers

The form has two functional parts. Part I lets you name a healthcare agent — the person who makes medical decisions when you cannot. Part II is your living will, where you specify which treatments you want or refuse if you develop a terminal condition, persistent vegetative state, or irreversible coma.

You can also use the form to document organ donation preferences, nominate a guardian in case a court proceeding becomes necessary, and add any personalized instructions your medical team should follow.

Any competent adult (18 or older) or emancipated minor can execute the form. You do not need to be ill, elderly, or facing surgery.

Step-by-Step Completion Guide

Section 1 — Healthcare Agent Designation. Name your primary agent and at least one alternate. Choose someone who understands your values, can handle stressful medical conversations, and lives close enough to reach a hospital within hours. Your agent cannot be your witness.

Section 2 — Agent Powers. Decide whether your agent can authorize or refuse life-sustaining treatment, make post-death decisions (autopsy, organ donation, disposition of remains), and access your medical records under HIPAA. The default statutory form grants broad authority unless you add specific restrictions.

Section 3 — Living Will Instructions. Specify your preferences for CPR, mechanical ventilation, tube feeding, dialysis, and antibiotics under terminal or irreversible conditions. Be as specific as possible — vague wishes like "no heroic measures" cause provider confusion and family disputes.

Section 4 — Additional Instructions. Add any personal, cultural, or religious preferences. Many Utah families include LDS-specific guidance on cremation, organ donation, and withdrawing treatment consistent with Church policy.

Witness Requirements Under the 2026 Law

Utah requires exactly one adult witness — no notary. But the witness rules changed significantly under the updated statute.

Your witness cannot be your designated healthcare agent, your agent's spouse or cohabitant, or (if you live in a long-term care facility) any owner, operator, employee, or contractor of that facility.

The previous law excluded blood relatives, estate heirs, and anyone financially responsible for your care. Those restrictions were removed under the 2026 Uniform Health Care Decisions Act, which expands your pool of valid witnesses considerably.

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Can You Complete the Form Electronically?

Yes. Governor Cox signed House Bill 181 (the Uniform Electronic Estate Planning Documents Act), effective May 6, 2026. This law allows advance directives to be executed with electronic signatures and remote video witnessing.

Your witness can observe your signature through a real-time audio-visual connection (Zoom, FaceTime, Google Meet) rather than being physically present. The electronic version carries the same legal weight as a paper document.

What to Do After Signing

Signing the form is only half the job. Utah has no state registry for advance directives, so you need to distribute copies yourself:

  • Give a copy to your designated healthcare agent and alternate
  • Upload it to your hospital system's patient portal (Intermountain Health's MyChart, University of Utah Health)
  • Provide a copy to your primary care physician for your medical record
  • Keep the original in a known, accessible location — not a safe deposit box

If you enter a hospital or skilled nursing facility, the admissions team should receive a copy during intake. Emergency responders will not search your home for an advance directive, so consider posting a wallet card or medical alert that references the document.

Common Mistakes That Invalidate the Form

Using a disqualified witness. If your named healthcare agent also signs as your witness, the entire document is invalid. This is the single most common execution error.

Leaving Part II blank. If you only name an agent without specifying treatment preferences, your agent has authority but no guidance. Family members may challenge decisions they disagree with, and physicians may default to aggressive treatment.

Not updating after major life changes. Divorce automatically revokes your ex-spouse's authority if they were named as your healthcare agent. Remarriage, moving to a new state, or a new diagnosis all warrant reviewing and re-executing the form.

The Utah Advance Directive & Living Will Kit walks you through every section of the statutory form with plain-English explanations, witness verification steps, and a post-signing distribution checklist — so nothing gets missed during a crisis.

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