Health Care Power of Attorney in Utah: 2026 Rules Under the New UHCDA

What Changed on January 1, 2026

Utah replaced its old Advance Health Care Directive Act (Title 75, Chapter 2a) with the Uniform Health Care Decisions Act, codified in Utah Code Title 75A, Chapter 9. This is not a cosmetic renaming. The execution mechanics, witness rules, and document structure all changed.

The biggest practical difference: the new law consolidates what used to be two separate concepts — a medical power of attorney (naming a healthcare agent) and a living will (stating treatment preferences) — into one document called an Advance Health Care Directive. If your parent signed a directive under the old law, it remains valid. But anyone signing a new directive after January 1, 2026, follows the new rules.

Witness Requirements Under the 2026 Law

The execution rules now depend on what the directive contains:

If the directive only states treatment wishes (no agent named): the declarant signs it. No witnesses, no notary. That's the entire formality.

If the directive names a healthcare agent: the declarant signs and one disinterested adult witness also signs. A notary cannot substitute for the witness — the 2026 statutory form does not include a notary alternative for agent designations.

This is actually a simplification in one respect. The pre-2026 law barred a long list of people from serving as witnesses: blood relatives, marriage relatives, estate beneficiaries, life insurance beneficiaries, and healthcare facility employees. The 2026 disqualification list is shorter — the witness cannot be the designated agent, the agent's spouse, or a cohabitant of the agent. If the declarant lives in a nursing home or assisted living facility, facility owners, operators, employees, and contractors are also excluded.

Why the Financial POA Does Not Cover Medical Decisions

A common and dangerous assumption: families think that a durable financial power of attorney — the document under Title 75A, Chapter 2 — gives the agent authority over medical care. It does not. Financial and medical authority are governed by entirely separate statutes. A financial POA lets your agent manage bank accounts, sell property, and apply for benefits. Medical decisions — consenting to surgery, choosing a care facility, directing end-of-life treatment — require the Advance Health Care Directive.

Without a healthcare directive, and if the parent loses capacity, medical providers fall back on Utah's default surrogate hierarchy under Section 75A-9-111. That hierarchy starts with spouse, then adult children, then parents, then siblings. When family members disagree about treatment, a directive with a named agent can reduce uncertainty about who speaks for the parent.

Oral Directives — Possible but Risky

Utah is one of the few states that allows an oral health care directive. Under Section 75A-9-107, a principal can verbally state their treatment wishes in the presence of a disinterested witness, and the witness documents the statement. This is legally binding.

In practice, oral directives invite challenges. Medical providers may hesitate to honor verbal instructions when a written document exists, or when family members dispute what was said. For families navigating a hospital discharge or facility transfer, a written directive with a proper witness signature eliminates the ambiguity.

Putting Both Documents Together

Utah families caring for an aging parent typically need two documents signed: the financial POA (notarized, no witnesses) and the healthcare directive (one witness, no notary). The execution requirements are different for each, which means a single signing session requires both a notary and a qualified witness present.

The Utah Power of Attorney and Guardianship Kit covers both instruments with step-by-step instructions calibrated to the 2026 law — including a witness qualification checklist so you know exactly who can and cannot sign before you sit down at the table.

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