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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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