UTAH LEGAL INFORMATION

Witnesses: Two witnesses are required to the signature of the maker of a Living Will;

Who may be a witness? Utah law has the following requirements regarding witnesses to a living will:

1. witness must be 18 years of age or older;
2. witness cannot be ay be the person who signed the directive on behalf of the declarant;
3. witness cannot be related to the declarant by blood or marriage;
4. witness cannot be entitled to any portion of the estate of the declarant according to the laws of intestate succession of this state or under any will or codicil of the declarant;
5. witness cannot be directly financially responsible for the declarant's medical care; or
6. witness cannot be any agent of any health care facility in which the declarant is a patient at the time the directive is executed.

Utah Code Section 75-2-1104.

Notary: There is no express provision in the Utah statutes requiring that a living will be notarized; however, a health care power of attorney must be notarized and, also, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;

Must health care agent sign form? No requirement that health care agent sign form;

Utah Statutes with Living Will requirements: Section 75-2-1101, et al.

Note relative to Utah Medical Power of Attorney: Under Utah Law, a durable Medical Power of Attorney must be notarized. Therefore, if your Living Will also contains the appointment of a health care power of attorney or "agent", then, under Utah law, the document must be witnesses by 2 individuals AND notarized. The standard MedLawPlus.comŽ Living Will form also contains a Medical POA designation and, therefore, must be notarized. See Section 75-2-1106.

Brought to you by MedLawPlus.com® -- Online form: Living Will Price: $8.99 (free trial)

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