Do I Need to Have My Utah Living Will Witnessed or Notarized?
In Utah, you and one or two witnesses must sign your advance directive.
In Utah, your living will and medical power of attorney are combined into a single document called an advance health care directive. You may use your advance directive to document your health care wishes and to name a trusted person to make health care decisions for you when you cannot make those decisions for yourself.
Sign Your Utah Advance Directive in Front of One or Two Witnesses
After you create your advance directive, you must sign your document and have it signed by one witness. However, if you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses.
In Utah, a witness may not be:
- under the age of 18
- your health care agent
- related to you by blood or marriage
- a health care provider who is providing care to you
- an administrator at a health care facility where you are receiving care
- a person directly financially responsible for your medical care
- a beneficiary of a life insurance policy, trust, qualified plan, pay-on-death account or transfer-on-death deed that is held, owned, made or established by you or on your behalf
- entitled to benefit financially upon your death
- entitled to a right to, or interest in, any of your real or personal property upon your death, or
- the person who signed your document for you, if you were unable to sign it yourself.
What to Do With Your Signed Advance Directive
After you and your witness or witnesses sign your document, it is legally valid. Keep the original in your files and give a copy to your health care agent, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. So, you might also consider giving copies of your advance directive to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.
Review your document every few years to make sure that it still reflects your wishes. Also, consider making new documents if you move to another state, get married or divorced, or if your health care agent is no longer able to supervise your wishes.
Your properly finalized document will stay in effect until you revoke it, if you ever choose to do so. You can revoke your document at any time. The best way to revoke your advance directive is to do it in writing. If possible, also collect and tear up all copies that you may have distributed to others. Finally, tell everyone who knows about your advance directive that you have revoked it.
Learn more about Living Wills and Medical Powers of Attorney.
Learn more about Utah Living Wills and Advance Health Care Directives.
When you make an advance with Quicken WillMaker Plus, it will conform to all of Utah’s health care directive laws and it will print with plain English instructions that detail how to make it legal.