FAQS about Utah Advance Health Care Directives, medical powers of attorney and living wills

What is a medical power of attorney?
A medical power of attorney is a special power of attorney (a written document) which designates someone to make health care decisions for another person when that person. Its purpose is to give legal power to a family member or close friend if the maker is unable to make or communicate his or her own medical decisions.
Since January of 2008, medical powers of attorney are
part of a special document called a  “Utah Advance Health
Care Directive,” described below.

What is a living will?
A living will is a written document which instructs medical providers to give or withhold life sustaining treatment when the writer of the living will is unable to make or communicate his or her own medical choices.
Since January of 2008, living wills are part of a special document called a  “Utah Advance Health Care Directive,” described below.

What is a Utah Advance Health Care Directive?
The Utah legislature enacted, effective January 1, 2008, the Utah Advance Health Care Directive Act (Utah Code sections 75-2a-101 to 125). This law combines a medical power of attorney and a living will in a form which allows adults to:
•  designate their agent(s) to make medical decisions they are unable to make or       communicate
•  define, by marking a checklist, the agent’s authority to make medical choice
•  describe, by marking a checklist, the circumstances under which life sustaining care may be given or withheld.
•  designate his or her guardian if the maker becomes incapacitated
•  understand how to revoke the document.

Since January 1, 2008 medical powers and living wills must be in the form described in the law. Medical powers of attorney and living wills executed in Utah before 2008, or executed in other states, remain valid in Utah.

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