Medical power of attorney in Utah: how it works, how to sign
The short answer
In Utah, a power of attorney for health care names someone to make medical decisions when you can't. Since January 1, 2026, it needs your signature and one adult witness, and no notary. If you name nobody, Utah turns first to anyone you identified, then your spouse, adult children or parents, and on down to a close friend.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
Utah rewrote its health care decisions law, and the new rules took effect on January 1, 2026. This page covers how to sign under the new law, who can't be your witness, how your written wishes fit in, and who decides if you never name anyone. It is part of our estate planning guides by state. For the basics of the role, see what a medical power of attorney is.
What changed in 2026?
Utah replaced its old Advance Health Care Directive Act with the Uniform Health Care Decisions Act. The new law is in Title 75A, Chapter 9 of the Utah Code. Older guides that cite Title 75, Chapter 2a are out of date.
If you signed a directive before 2026, you don't need to redo it just because the law changed. A directive made before January 1, 2026 stays valid if it met the new chapter or the law where and when it was signed (Utah Code 75A-9-128).
What is the document called in Utah?
Utah calls the overall paper an "advance health care directive." It can include a "power of attorney for health care," which names your agent, and "health care instructions," which record your wishes. You can put both in one document.
How do I sign one in Utah?
A power of attorney for health care must be in a record and signed by you. Then one adult witness signs (Utah Code 75A-9-107).
The witness must reasonably believe you are acting voluntarily and knowingly. They must be present when you sign, or when you say the document reflects your wishes. No notary is needed.
"Present" is broader than you might expect. It includes a real-time video call. It even includes an audio-only call, if the witness knows you personally or can confirm who you are by asking questions. That can help if you are recovering at home or your witness lives in another town.
Utah also has an optional statutory form (Utah Code 75A-9-110). You don't have to use it. Any record that meets the signing rule works.
Utah's financial power of attorney is the reverse: a notary, and no witness. Our Utah power of attorney guide covers that document.
Who can't be my witness?
Utah's list is short (Utah Code 75A-9-107):
| Person | Can be your witness? |
|---|---|
| The person you name as your health care agent | No |
| Your agent's spouse or cohabitant | No |
| An owner, operator, employee or contractor of the nursing home or assisted living facility where you live or get care | No |
| A relative who isn't your agent or your agent's spouse | Yes |
| A friend or neighbor | Yes |
So a niece, a friend or a neighbor can usually witness. Just keep your agent, and your agent's partner, out of it.
Do I need a living will too?
Utah's new law doesn't use the term "living will." Instead, you can write a "health care instruction" with your preferences for future care (Utah Code 75A-9-106).
An instruction can say a lot more than yes or no to treatment. It can name who should or shouldn't be consulted, a preferred guardian, and a preferred default surrogate. A health care professional who receives it must put it in your medical record. A later instruction that conflicts with an earlier one replaces it to the extent they conflict.
The statute sets no witness rule for an instruction on its own. The optional form notes that a witness is needed if you use it to name an agent. Our post on health care power of attorney vs living will explains how the two work together, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
If you have no agent, and no guardian with health care authority, a default surrogate decides. Unless your directive says otherwise, the first available class acts, in this order (Utah Code 75A-9-111):
| Order | Person |
|---|---|
| 1 | An adult you identified to decide for you, outside a power of attorney |
| 2 | Your spouse, unless a divorce or separation is pending or granted, you agreed in writing to separate, or they deserted you for over a year |
| 3 | An adult child or a parent (one shared class) |
| 4 | Your cohabitant |
| 5 | An adult brother or sister |
| 6 | An adult grandchild or grandparent |
| 7 | An adult who regularly helped you with supported decision making in the past six months |
| 8 | An adult stepchild you actively parented as a minor and still have a relationship with |
| 9 | An adult who has shown special care and concern for you and knows your values, such as a close friend |
| 10 | A physician chosen by your treating professional after consulting the ethics committee |
Two things stand out. First, a friend you simply told your doctor about ranks at the top, ahead of a spouse. Second, a close friend who knows your values can also serve at level nine.
If people in the top class disagree, the provider follows the majority of those who have shared their views (Utah Code 75A-9-112). A provider may ask the surrogate to sign a sworn statement of their authority. Owners, operators, employees and contractors of your nursing home or assisted living facility can't serve unless they are family or your cohabitant (Utah Code 75A-9-113).
Our post on medical decisions without a power of attorney compares other states, and the 50-state guide to default decision-makers has the full list. You can also try our who decides for me tool.
Here is a typical case, a composite. Patricia is 71, divorced, and lives in Provo. Her two sons live out of state and rarely agree. Her friend Susan has sat in on her doctor visits for years. Patricia names Susan as her health care agent, with her older son as backup, so nobody has to sort it out in a waiting room.
How do I choose my agent?
Once the signing is done, the practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they'd choose differently?
A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't.
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote. Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and members choose who serves and in what order.
Once your health papers are done, our Utah probate guide covers what happens to your home and savings later.
Common questions
Does a medical power of attorney need to be notarized in Utah?
No. Under the law in effect since January 1, 2026, it needs your signature and one adult witness. The witness can't be your agent or your agent's spouse or cohabitant.
Is my Utah directive from before 2026 still valid?
Yes, if it met the rules of the new chapter or the law where and when you signed it. You can update it any time, but the law change by itself doesn't cancel it.
Can my witness sign over a video call?
Yes. Utah counts a real-time video call as being present. Even an audio-only call counts if the witness knows you personally or can confirm who you are.
Who makes medical decisions in Utah if there's no power of attorney?
First, an adult you identified to decide for you. Then your spouse, then adult children and parents together, then a cohabitant, siblings, and further down, a close friend who knows your values.
Sources
- Utah Code 75A-9-106: Health care instruction (Utah Legislature)
- Utah Code 75A-9-107: Power of attorney for health care (Utah Legislature)
- Utah Code 75A-9-110: Optional form (Utah Legislature)
- Utah Code 75A-9-111: Default surrogate (Utah Legislature)
- Utah Code 75A-9-112: Disagreement among default surrogates (Utah Legislature)
- Utah Code 75A-9-113: Disqualification of surrogate (Utah Legislature)
- Utah Code 75A-9-128: Saving provision (Utah Legislature)
This page is general information, not legal or financial advice. Laws vary by state.