{"id":376737,"date":"2016-03-31T21:37:00","date_gmt":"2016-04-01T02:37:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/utah-law\/utah-durable-power-of-attorney-laws.html"},"modified":"2021-03-12T08:18:42","modified_gmt":"2021-03-12T13:18:42","slug":"utah-durable-power-of-attorney-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/utah-law\/utah-durable-power-of-attorney-laws.html","title":{"rendered":"Utah Durable Power of Attorney Laws"},"content":{"rendered":"\n
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Utah Durable Power of Attorney Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

We may not want to think about it, but if a family member or loved one becomes incapacitated, someone else may need to make the decisions relating to his or her health care, treatment, and even whether to continue life support. Utah law provides for a legal arrangement, called a \u201cdurable power of attorney<\/a>,\u201d that can allow those hard decisions to be made. This is an introduction to durable power of attorney laws in Utah.<\/p>\r\n

Durable Power of Attorney Statutes<\/b><\/h2>\r\n

If a patient has already made these decisions in a living will<\/a>, those wishes will generally be honored. Absent a living will, a durable power of attorney for health care<\/a> can allow a named person (sometimes called an \u201cagent\u201d or a \u201cproxy\u201d) to make health care decisions, including whether or not the patient should be connected to a respirator. The table below lists Utah\u2019s durable power of attorney statutes.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/td>\r\n

Utah Code 75-2a-101 et seq.<\/a>: Advance Health Care Directive Act<\/p>\r\n<\/td>\r\n<\/tr>

Specific Powers, Life-Prolonging Acts<\/p>\r\n<\/td>\r\n

Any medical procedure or intervention that would serve only to prolong the dying process including artificial nutrition and hydration unless declaration specifically excludes; does not include medication, sustenance, or any procedure to alleviate pain; separate procedure for "do not resuscitate" directive.<\/p>\r\n<\/td>\r\n<\/tr>

Legal Requirements for Durable Power of Attorney<\/p>\r\n<\/td>\r\n

For agent\/proxy: (1) 18 yrs.; (2) in writing; (3) dated and signed;<\/p>\r\n

For power of attorney: must be before notary public; power of attorney takes precedent over earlier signed directives<\/p>\r\n<\/td>\r\n<\/tr>

Revocation of Durable Power of Attorney<\/p>\r\n<\/td>\r\n

Current wishes of declarant take precedent over any directive. Revocable at any time by (1) signed revocation; (2) destruction of document; (3) oral expression of intent to revoke in presence of witness. Effective on receipt by physician<\/p>\r\n<\/td>\r\n<\/tr>

Validity from State-to-State<\/p>\r\n<\/td>\r\n

A similar instrument executed in another state is presumed to comply with Utah law and may be relied upon in good faith.<\/p>\r\n<\/td>\r\n<\/tr>

If Physician Unwilling to Follow Durable Power of Attorney<\/p>\r\n<\/td>\r\n

Unwilling physician required to transfer patient promptly<\/p>\r\n<\/td>\r\n<\/tr>

Immunity for Attending Physician<\/p>\r\n<\/td>\r\n

No civil, criminal, or professional liability for good faith compliance with directive<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Ready to Start Your Power of Attorney?<\/h2>\r\n

Find a power of attorney specific to your situation<\/a>, or start on your own with a power of attorney form tailored to you<\/a>. If you would like legal assistance regarding a power of attorney or health care matter, you can contact a Utah estate planning attorney<\/a> or a <\/span>Utah health care attorney<\/a>. You can also find additional articles and information by visiting FindLaw\u2019s section on Living Wills and Power of Attorney<\/a>.<\/span><\/p>\r\n

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