Advance Directive Utah: What the 2026 Law Requires and How to Complete One

The 2026 Overhaul: What Actually Changed

On January 1, 2026, Utah enacted the Uniform Health Care Decisions Act (Utah Code Title 75A, Chapter 9), replacing the former Advance Health Care Directive Act (Title 75, Chapter 2a). The statutory form reference shifted from the old chapter to Section 75A-9-110.

The core change is structural. Utah's advance directive now combines healthcare agent designation and health care instructions (formerly called a "living will") into one integrated document. Previous directives signed under the old law remain valid, but new ones must follow the 2026 rules.

Witness Rules: Simpler Than the Old Law, With a Catch

The 2026 witness requirements depend on what the directive includes:

Treatment wishes only (no agent named): The declarant signs. No witness, no notary. This is the simplest path — useful for someone who wants to document end-of-life preferences without appointing a decision-maker.

Agent designation included: The declarant signs plus one disinterested adult witness. The 2026 law provides no notary alternative for this category. Under the old law, you could choose either a witness or a notary. That option is gone.

Who counts as "disinterested"? The witness must be an adult who is not:

• The designated healthcare agent
• The agent's spouse
• A cohabitant of the agent

If the declarant is in a nursing home or assisted living facility, facility owners, operators, employees, and contractors are also excluded.

The old law had a longer exclusion list — blood relatives, marriage relatives, estate beneficiaries, and life insurance beneficiaries were all barred from witnessing. The 2026 law dropped those restrictions. A daughter who is not the named agent can now witness her parent's directive, which was not allowed before.

Oral Directives Are Legally Valid

Utah allows oral advance directives under Section 75A-9-107. A principal can verbally state their care preferences in front of a disinterested witness, and the witness documents the statement.

This matters in urgent situations — a parent in a hospital bed who can speak clearly but cannot physically sign. The catch is that oral directives are harder to enforce. Medical providers may question whether the statement accurately reflects the patient's wishes, especially if family members disagree. A written directive with a proper witness signature eliminates that ambiguity.

How the Default Surrogate Hierarchy Works Without a Directive

If a parent loses capacity and has no directive, medical providers follow the default surrogate priority list under Section 75A-9-111:

1. Spouse
2. Adult child
3. Parent
4. Adult sibling
5. Adult grandchild

This is the default hierarchy when no directive names an agent. But it breaks down fast when family members have conflicting opinions about care. A directive with a named agent resolves that by putting one person in charge.

What a Directive Does Not Cover

An advance health care directive handles medical decisions: treatment consent, care facility selection, end-of-life preferences, organ donation, and HIPAA access. It does not cover:

• Finances: Bank accounts, bill payments, property sales, and benefit applications require a separate Durable Financial Power of Attorney (Title 75A, Chapter 2).
• Legal custody: Decisions about where a parent lives and daily care management may require guardianship if the parent cannot express a preference.

Most Utah families need both documents. The financial POA requires only a notary; the healthcare directive requires a witness. Different execution rules, same signing session if you plan ahead.

The Utah Power of Attorney and Guardianship Kit includes both 2026-compliant forms with step-by-step instructions and a witness qualification checklist — so your parent's directive holds up at the hospital and the bank.

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