What incapacity documents does Utah law provide?

Under the Uniform Health Care Decisions Act in force since January 1, 2026: a health care instruction stating the individual's preferences (Utah Code § 75A-9-106) and a power of attorney for health care appointing an agent, in a record signed by the individual and an adult witness (§ 75A-9-107); the statute prints an optional form (§ 75A-9-110). A directive created before that date remains valid if it complied when created (§ 75A-9-128).

Who decides for a Utah patient who has no agent?

A default surrogate, in descending priority: an adult the individual identified, the spouse, an adult child or parent, a cohabitant, an adult sibling, an adult grandchild or grandparent, a person who routinely assisted with supported decision making, an actively parented stepchild, a person with special care and concern, or a physician designated under the statute (Utah Code § 75A-9-111).

Can my agent under a power of attorney change my Utah trust?

Only to the extent the trust's terms or the power of attorney expressly authorize it; a conservator or guardian may exercise the settlor's powers only with the supervising court's approval (Utah Code § 75B-2-602). While the settlor has capacity, the trustee's duties are owed to the settlor (§ 75B-2-603).

Utah Powers of Attorney & Advance Directives

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What advance directives are

Advance directives are documents you sign while you have capacity that let trusted people make decisions for you — financial and medical — if illness or injury later prevents you from deciding yourself. Without them, your family may have to ask a Utah court to appoint a guardian or conservator, which takes time and expense.

The core Utah documents

Power of attorney for finances

Authorizes an agent to handle your finances and property, and can continue through your incapacity. The agent may exercise your powers to revoke, amend or distribute a trust only to the extent the terms of the trust or the power of attorney expressly authorize it (Utah Code § 75B-2-602) — so who you name, and what you grant, matters.

Power of attorney for health care (Utah Code § 75A-9-111)

Names an agent to make health care decisions for you when you cannot make them yourself, in a record signed by you and an adult witness (Utah Code § 75A-9-107). Without an agent, the statute names who decides, in its order of priority — an adult you identified, the spouse, an adult child or parent, a cohabitant, an adult sibling, and on down the list (Utah Code § 75A-9-111).

Your treatment wishes: the health care instruction (Utah Code § 75A-9-106)

A health care instruction states your preferences for future care — the professionals, how decisions are made, who is consulted, who should serve as guardian or default surrogate — and may be in the same record as the power of attorney for health care (Utah Code § 75A-9-106); the statute prints an optional form for both (Utah Code § 75A-9-110).

Guardian nomination & HIPAA authorization

If a guardianship or conservatorship ever becomes necessary, a Utah court weighs the person you nominated — a health care instruction may name a guardian (Utah Code § 75A-9-106); a HIPAA authorization lets named people receive your medical information. Often added to round out the set.

Why you need these even with a Trust

A revocable living Trust handles the assets inside it, but it does not make medical decisions, and it doesn't cover assets you never transferred in. Advance directives fill those gaps — and together with a will and a Trust, they keep decisions in the hands of people you chose, not a court.

Putting the set together in Utah

Which directives you need, and how they're worded, depends on your situation, your family, and your wishes. This page is general information, not legal advice. A free role check can show you where you stand, and a Utah attorney can prepare directives that fit you.

General information about Utah law, not legal advice.

Frequently asked questions

What incapacity documents does Utah law provide?: Under the Uniform Health Care Decisions Act in force since January 1, 2026: a health care instruction stating the individual's preferences (Utah Code § 75A-9-106) and a power of attorney for health care appointing an agent, in a record signed by the individual and an adult witness (§ 75A-9-107); the statute prints an optional form (§ 75A-9-110). A directive created before that date remains valid if it complied when created (§ 75A-9-128).
Who decides for a Utah patient who has no agent?: A default surrogate, in descending priority: an adult the individual identified, the spouse, an adult child or parent, a cohabitant, an adult sibling, an adult grandchild or grandparent, a person who routinely assisted with supported decision making, an actively parented stepchild, a person with special care and concern, or a physician designated under the statute (Utah Code § 75A-9-111).
Can my agent under a power of attorney change my Utah trust?: Only to the extent the trust's terms or the power of attorney expressly authorize it; a conservator or guardian may exercise the settlor's powers only with the supervising court's approval (Utah Code § 75B-2-602). While the settlor has capacity, the trustee's duties are owed to the settlor (§ 75B-2-603).

General information about Utah law, not legal advice.