Elder Law Attorneys Serving Salt Lake County, Utah

Utah Advanced Directive

Tuesday, October 4, 2011

Is my Advanced Directive from another State Considered Valid in Utah?

The validity of an out-of-state Advanced Directive in Utah is a cause of common concern among clients.  The Utah Advance Directive Health Care Act states in Title 75-2a-121 that a "health care provider may, in good faith, rely on any health care directive, power of attorney or similar instrument: (a) executed in another state..." 

So, the answer is "yes".  Most likely your health care provider will recognize the validity of that out-of-state instrument.

However, if you are living in Utah (and have the requisite capacity), you may want to compare the Utah statutory form with your out-of-state Advanced Directive to ensure that your desires with respect to agency and end of life treatment are sufficiently represented on your Advanced Directive.

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