Your health care directive and living will is a type of advance healthcare directive (“advance directive“). You can use it to make choices on potential future medical treatments as you see fit. In your health care directive and living will, you will decide whether you would request or refuse life-prolonging treatments and under what medical conditions. Life-prolonging treatments include things like artificial nutrition and hydration, dialysis, and more.

These choices are highly personal, and it can be unpleasant to consider them. But it may give you peace of mind to know that you have made your own choices regarding the provision or withdrawal of life-prolonging procedures in the event of a terminal or vegetative condition. If you have difficulty with these decisions, you may want to discuss them with your doctor or your loved ones.

In Utah, you have the option of choosing someone to make medical decisions for you in the event that you become unable to do so. The document you use to designate this person is called a health care power of attorney. This is another type of advance directive in addition to a health care directive and living will.

The person you choose to make health care decisions for you is called a health care agent. This person should be someone you trust with broad powers over your medical treatment. It’s a good idea to choose an alternate health care agent in case your first choice becomes unable to take on this role.

You should select a health care agent who understands your health care preferences and is willing to carry them out. Another consideration is whether this person will be able to be assertive with your family members and doctors to advocate for your medical care wishes. Many people choose a close loved one like a spouse, sibling, adult child, or parent for this role.

You should be aware that there are certain legal restrictions in this area. You may not choose the following individuals as your health care agent:

• Your health care provider
• An owner or operator of a health care facility where you receive care
• An employee of a health care facility where you are being treated

However, the above restrictions do not apply to anyone who is related to you by blood, marriage, or adoption.

In Utah, there are strict requirements regarding the execution of health care directive and living wills. You should sign the document or direct someone to sign it for you. There must be at least one adult witness present at the time of signing. This person must also sign. According to Utah’s Advance Health Care Directive Act, the witness should be “disinterested.” In other words, they should not have anything to gain or lose by your decisions.

There are several restrictions on who may act as your witness. These restrictions eliminate most people who could have a conflict of interest or bias when it comes to your health care directive and living will.

Under Utah law, you may not choose the following individuals as a witness:

• The person who signed your health care directive and living will on your behalf
• Anyone who is related to you
• Your health care agent
• Anyone who would inherit from you
• Your health care provider
• An administrator of your health care facility
• Anyone who would benefit financially from your death
• Someone who is financially responsible for your health care
• A beneficiary of your insurance policy, trust, qualified plan, account, trust, or deed.

This long list of restrictions will probably eliminate most of the people in your inner circle from witnessing your health care directive and living will. You may need to ask an acquaintance like a neighbor or a coworker to act as a witness instead.

After you have signed your advance directives, you need to make sure to distribute them to the right people. Your health care agent will need a copy to help them better understand your health care wishes. Your medical providers should have a copy of your advance directives for your medical record. Finally, your loved ones should have your advance directives in case they ever accompany you during a medical emergency.

A good policy is to review your advance directives every few years at least. This helps to ensure that they continue to reflect your wishes. You may need to update your advance directives earlier if you have gone through significant life changes. The following circumstances could cause you to rethink your choices:

• Marriage or divorce
• Relocation
• Conflict with your health care agent
• Advances in medical technology

In the case of marriage, divorce, or conflict, you may want to change your health care agent. If you or your health care agent has relocated, you may need to choose an agent who lives within a closer proximity to you. You may also need to update other estate planning documents like your will as a result of these circumstances.

Regardless of the reason, you have the right to change your advance directives whenever you see fit. Remember that if you create your health care directive and living will through FindLaw, you can update it for any reason, and at no charge, for a full year after purchase.