Utah Electronic Advance Directive: How HB 181 Enables Digital Signing

Until May 2026, completing an advance directive in Utah meant printing the form, signing it in ink, and finding a witness who could physically be in the same room. If your family was scattered across the country or your chosen witness lived two hours away, the logistics alone could delay the process indefinitely.

House Bill 181, signed by Governor Spencer Cox and effective May 6, 2026, changed this entirely. The Uniform Electronic Estate Planning Documents Act (Utah Code Title 75, Chapter 13) confirms that advance health care directives can be executed, signed, witnessed, and notarized in fully electronic form.

What HB 181 Actually Allows

The law applies to non-testamentary estate planning documents — advance directives, revocable trusts, durable powers of attorney, and financial powers of attorney. For advance directives specifically, it means:

Electronic signatures are legally valid. You can sign your advance directive using any technology that attaches your signature to the document electronically. DocuSign, Adobe Sign, or any platform that creates a tamper-evident record qualifies.

Remote video witnessing is permitted. Your witness no longer needs to be physically present. They can observe your signature through real-time audio-visual communication — Zoom, FaceTime, Google Meet, or any platform that provides simultaneous audio and video.

Electronic storage counts. The digital version of your signed directive has the same legal weight as a paper original. You do not need to print and store a physical copy for the document to be enforceable.

How to Execute an Electronic Advance Directive

Step 1: Prepare the document. Complete all sections of the Utah Advance Health Care Directive form (Utah Code § 75A-9-110) in a digital format. Fill in your healthcare agent designation, treatment preferences, and any additional instructions.

Step 2: Arrange the video session. Schedule a call with your witness. Both parties need a stable internet connection, working camera, and working microphone. The witness must be able to see you sign the document in real time.

Step 3: Sign electronically. Apply your electronic signature during the video session while your witness observes. Your witness then applies their own electronic signature to the document.

Step 4: Distribute. Send the signed electronic document to your healthcare agent, alternate agent, primary care physician, and upload it to your hospital system portal (Intermountain MyChart, University of Utah Health).

Creating a Certified Paper Copy

If a hospital or care facility requests a physical copy, HB 181 provides a straightforward process. You can create a certified paper copy by printing the electronic document and affirming under penalty of perjury that the printed version is a complete and accurate representation of the electronic file.

The certified paper copy carries the same legal authority as the electronic original.

Why This Matters for Utah Families

Rural counties. Nearly 80% of Utah's population lives along the Wasatch Front. Families in rural counties — Emery, Wayne, Daggett, Piute — may be hours from the nearest person who could serve as a witness. Remote witnessing eliminates that barrier.

Snowbird residents and traveling families. Utah residents who spend part of the year in Arizona, Florida, or other states can execute a Utah-compliant directive without returning home.

Military families. Active duty service members stationed at Hill AFB or Dugway Proving Ground who are deployed or temporarily assigned elsewhere can complete their directives remotely.

Caregiver families. An adult child in Salt Lake City managing care for a parent in St. George can witness the parent's directive via video rather than making a 600-mile round trip.

Context: Utah's Digital Estate Planning Timeline

Utah has been at the forefront of electronic estate planning nationwide:

• 2020: First state to enact the Uniform Electronic Wills Act, allowing wills to be signed and witnessed electronically
• May 6, 2026: HB 181 extends the same electronic execution framework to non-testamentary documents, closing the gap between digital wills and advance directives

The law specifically confirms that existing witness requirements — one adult, not the healthcare agent, not the agent's spouse or cohabitant — apply identically whether the document is executed on paper or electronically.

The Utah Advance Directive & Living Will Kit includes instructions for both paper and electronic execution, with a step-by-step guide to remote video witnessing that meets HB 181 requirements.

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