Updated September 3, 2026. Quick answer: Utah calls this instrument Advance Health Care Directive (Power of Attorney for Health Care and/or Health Care Instructions). Witnesses needed to execute it: 1 adult witness: required only for the Power of Attorney for Health Care (agent-appointment) portion. What the state requires: Witness only: Chapter 9 offers no notary/acknowledgment alternative to witnessing for the health care directive.. Getting the execution formalities wrong is the most common way a directive fails when it is needed.
The execution box
| What the state calls it | Advance Health Care Directive (Power of Attorney for Health Care and/or Health Care Instructions) |
|---|---|
| Witnesses required | 1 adult witness: required only for the Power of Attorney for Health Care (agent-appointment) portion |
| Witnesses or notary? | Witness only: Chapter 9 offers no notary/acknowledgment alternative to witnessing for the health care directive. |
| Who may NOT witness | The agent; the agent’s spouse or cohabitant; or, if the individual resides/receives care in a nursing home or assisted living facility, an owner, operator, employee, or contractor of that facility. |
| If you are in a care facility | Yes: if the declarant resides in or receives care at a nursing home or assisted living facility, an owner, operator, employee, or contractor of that facility is categorically disqualified from serving as a witness (a related but distinct rule also restricts who may serve as agent in that setting). |
| Authority | Utah Code § 75A-9-107, Uniform Health Care Decisions Act (Title 75A, Ch. 9; enacted 2025, effective January 1, 2026) |
What the statute says
“A power of attorney for health care must be in a record, signed by the individual creating the power, and signed by an adult witness who: (a) reasonably believes the act of the individual to create the power of attorney is voluntary and knowing; … (c) is present when the individual signs the power of attorney or when the individual represents that the power of attorney reflects the individual’s wishes.” (Utah Code § 75A-9-107(4))
(Utah Code § 75A-9-107, Uniform Health Care Decisions Act (Title 75A, Ch. 9; enacted 2025, effective January 1, 2026))
The form
Yes: Utah Code § 75A-9-110 codifies an official ‘Optional Form’ titled ‘ADVANCE HEALTH CARE DIRECTIVE’ directly within the statute text.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room, family, the treating doctor, facility staff, are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above: several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
Fully verified against le.utah.gov, fetched directly (primary, not a mirror). CRITICAL: the commonly-cited old chapter (Title 75, Ch. 2a, §75-2a-101 et seq.) is REPEALED as of 9/1/2024: Utah recodified as the Uniform Health Care Decisions Act, Title 75A Ch. 9, effective January 1, 2026 (current as of this build). The old §75-2a-107 had a longer witness-disqualification list; the new §75A-9-107 list is notably shorter. Any pre-2026 secondary source citing ’75-2a-107′ is stale.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.