Guides · State guides · Utah

Advance Directive in Utah: The 2026 Law, One Witness, and the Form

Since January 1, 2026, Utah's advance health care directive follows the Uniform Health Care Decisions Act. Naming a health care agent takes one adult witness and no notary. Here is how it works, from Utah Code 75A-9.

By naveen · Updated October 13, 2026 · How we research our guides

A Utah advance health care directive names a health care agent, records health care instructions, or both; since January 1, 2026, naming an agent takes your parent's signature and one adult witness, and chapter 9 requires no notary. By statute, a directive "means a power of attorney for health care, health care instruction, or both." Under Utah Code 75A-9-107, a power of attorney for health care "must be in a record, signed by the individual creating the power, and signed by an adult witness." Utah adopted this law in 2025 as S.B. 134, and it took effect January 1, 2026, replacing the state's older advance directive provisions and their form.

What changed in Utah on January 1, 2026?

S.B. 134, the Health Care Decisions Act Amendments, "enacts the Uniform Health Care Decisions Act." It repealed Utah's earlier advance directive sections, including their optional form, created a new optional form, and moved the rules for orders for life sustaining treatment into the health code.

Older documents aren't wiped out. Under Utah Code 75A-9-128, "An advance health care directive created before January 1, 2026, is valid if it complies with this chapter or complied at the time of creation with the law of the state in which it was created." The new chapter applies to directives created before, on or after that date.

What documents does Utah use?

Utah's law uses a power of attorney for health care, a health care instruction and an advance mental health care directive, plus a separate medical order called an OLST.

"A health care instruction may be in the same record as a power of attorney for health care," and the state's optional form combines them. A financial power of attorney is separate and doesn't cover health care; see our Utah power of attorney guide. For the general picture, see power of attorney vs. advance directive.

How do you sign a Utah advance health care directive?

Your parent signs, and one adult witness signs. Under Utah Code 75A-9-107, the witness must reasonably believe your parent is acting voluntarily and knowingly, and must be present when your parent signs or says the document reflects their wishes. The witness can't be:

• the agent;
• the agent's spouse or cohabitant;
• if your parent lives or receives care in a nursing home or assisted living facility, its owner, operator, employee or contractor.

Present can mean in the same room, on a live video call, or, if the witness knows your parent or can confirm their identity, on a live audio call. Chapter 9 doesn't require a notary, and an electronic directive or signature can't be denied effect "solely because it is in electronic form."

The witness rule applies to naming an agent. A health care instruction is defined as a direction "whether or not in a record," and the statutory form says "You need a witness if you are using this form to name an Agent."

Who can't be the health care agent?

Under Utah Code 75A-9-107(2), a person is disqualified from acting as your parent's agent if:

• a court finds they pose a danger to your parent's well-being, even without a protective order; or
• they're an owner, operator, employee or contractor of a nursing home or assisted living facility where your parent lives or receives care, unless they're a family member, your parent's cohabitant or a descendant of the cohabitant.

Family members can serve. Your parent can also name co-agents, who act independently unless the document says otherwise, and alternate agents.

When does the agent start making decisions?

The agent's power "commences when the individual is found under Subsection 75A-9-103(2) or by a court to lack capacity to make a health care decision," unless the document says it starts right away (Utah Code 75A-9-117). The finding is made after an examination by a physician, a licensed psychologist, or a trained physician assistant or APRN (or, in an emergency when none is available, another responsible health care professional), and can't be made by a family member. If your parent objects, they're treated as having capacity unless they withdraw the objection, a court finds otherwise, an emergency calls for a prompt decision, or a second qualified professional confirms the finding.

"A health care decision made by an agent is effective without judicial approval." Some decisions need specific permission in the directive: an agent can't consent to voluntary admission to a mental health facility unless the directive authorizes it, and can't consent to a nursing home placement meant to last more than 100 days if an alternative is feasible, your parent objects, or your parent isn't terminally ill, unless the directive specifically authorizes it.

Where do you get a Utah advance directive form?

The statute prints an optional "ADVANCE HEALTH CARE DIRECTIVE" form in Utah Code 75A-9-110. It covers naming an agent and an alternate, treatment instructions and priorities, optional special powers, a guardian nomination and organ donation. It tells the reader "You may leave any item blank."

The Utah Commission on Aging posts "Specific documents approved by the state of Utah for Advance Directives," including an advance health care directive form updated May 1, 2026. That version is laid out differently from the statute's form. Both are optional.

What happens if your parent has no advance directive?

A default surrogate decides, chosen from a ranked list in Utah Code 75A-9-111. If your parent lacks capacity and has no reasonably available agent or guardian, the list runs in descending order of priority:

1. an adult your parent identified, outside a power of attorney, to decide if they can't;
2. the spouse, unless a divorce, annulment or separation petition is pending, a decree has issued, they've agreed in a record to separate, or the spouse has deserted your parent for more than a year;
3. an adult child or a parent;
4. a cohabitant;
5. an adult sibling;
6. an adult grandchild or a grandparent;
7. an adult who routinely helped with supported decision making in the past six months;
8. an adult stepchild your parent actively parented;
9. an adult who has shown special care and concern and knows your parent's values;
10. if your parent is in a health care institution and no one else can be found, a physician designated by the responsible clinician with ethics committee consensus.

If members of the highest class disagree, the clinician follows the majority of those who've shared their views. Your parent can disqualify someone from acting as default surrogate, in a signed record or by telling them or the care team. A default surrogate can't make a decision that Utah law wouldn't let a guardian make without specific court authorization; for how guardianship works, see conservatorship and guardianship.

How do you revoke a Utah advance directive?

Revocation "may be by any act of the individual that clearly indicates that the individual intends to revoke the appointment, designation, or instruction, including an oral statement to a health care professional" (Utah Code 75A-9-114). The exception is when a court, or a confirmed clinical finding, says your parent lacks capacity to revoke. A later directive that conflicts with an earlier one revokes it to the extent of the conflict.

Divorce matters too. Unless the directive says otherwise, naming a spouse as agent is revoked once a divorce, annulment or legal separation petition is filed and not dismissed, a decree issues, the couple agrees in a record to separate, or "the spouse has willfully deserted the individual for more than one year."

What about OLST (formerly POLST)?

An OLST is a medical order for life sustaining treatment, signed by your parent's clinician. Under Utah Code 26B-2-802, it's prepared, in consultation with your parent, by their physician, APRN or physician assistant or a provider they supervise, signed by that clinician and by your parent (or, if they lack capacity, the highest-priority surrogate), and must be "on a form designated by the Department of Health and Human Services." Where an order conflicts with an advance directive, the order takes precedence. The Utah Commission on Aging lists it as "OLST (Formerly POLST)."

Frequently asked questions

Does an advance directive need to be notarized in Utah?

No. Under Utah Code 75A-9-107, a power of attorney for health care must be signed by your parent and by one adult witness, and chapter 9 doesn't require a notary. The witness can join in person, by live video, or in some cases by live audio. A health care instruction alone has no witness rule in chapter 9.

Can a family member witness a Utah advance directive?

Chapter 9 doesn't bar relatives in general. The witness can't be the agent, the agent's spouse or cohabitant, or, for a nursing home or assisted living resident, the facility's owner, operator, employee or contractor. So a sibling who isn't named as agent can witness, but the agent's husband or wife can't.

Where can I get a Utah advance directive form?

The optional Advance Health Care Directive form is printed in Utah Code 75A-9-110 on the Utah Legislature's website. The Utah Commission on Aging posts a state-approved version updated May 1, 2026. Neither is mandatory; any document that meets the signing rules works, and naming an agent needs one qualified adult witness.

Who makes medical decisions in Utah if there's no advance directive?

A default surrogate. Under Utah Code 75A-9-111, the order starts with an adult your parent identified, then the spouse, then an adult child or parent, a cohabitant, an adult sibling, an adult grandchild or grandparent, and others who know your parent, with a designated physician as a last resort.

Is my parent's older Utah advance directive still valid?

Yes, if it passes either test. Under Utah Code 75A-9-128, a directive made before January 1, 2026 is valid if it meets the new chapter or met the law of the state where it was made at the time. It's interpreted under the law in effect when it's used, so reviewing it against the new form can be worthwhile.

Is an advance directive from another state valid in Utah?

Yes, if it meets one of two tests. Under Utah Code 75A-9-115, a directive created outside Utah is valid if it complies with the law of the state it names, or the state where it was made, or with Utah's chapter. A provider may rely on a directive unless they have good cause to believe it's invalid or revoked.

Getting started

An advance health care directive only helps if it's signed while your parent has capacity, with one adult witness who isn't the agent or the agent's spouse or cohabitant, and if a copy reaches the care team. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.

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Sources

• Utah Code Title 75A, Chapter 9, Uniform Health Care Decisions Act: definitions (75A-9-101), capacity (75A-9-103, 75A-9-104), signing and agents (75A-9-107), the optional form (75A-9-110), default surrogates (75A-9-111 to 75A-9-113), revocation (75A-9-114), validity (75A-9-115), agent powers (75A-9-117) and older directives (75A-9-128).
• S.B. 134 (2025), Health Care Decisions Act Amendments, enrolled copy: the 2026 change and the repeal of the earlier provisions.
• Utah Code Title 26B, Chapter 2, Part 8, Order for Life Sustaining Treatment: OLST rules (26B-2-802).
• Utah Commission on Aging, Advance health care directive forms and instructions: the state-approved directive and OLST forms.

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