What are Health Care Directives in Utah?
When people first start out creating their estate plan, they often first focus on drafting documents such as wills and trusts. Wills do not come into effect until after you have passed away, and this is also somewhat true for trusts. However, there are other estate planning tools that can help you during your lifetime, particularly if you become incapacitated at some point. Health care directives are one of these. Below, our Utah estate planning attorney explains in further detail.
What are Health Care Directives?
Also known as advance directives, health care directives in Utah are legal documents that outline your preferences for the medical care you do or do not want to receive. These directives become very important when you are incapacitated and cannot voice these preferences for yourself. Within your health care directive you will name an agent, who is the individual you give authority to make these medical decisions on your behalf. You can also outline your wishes in the health care directive, so your agent can refer to them and make the necessary decisions.
What to Include in a Health Care Directive
There are a number of medical decisions you can include in a health care directive. These are as follows:
- The name of the agent you have chosen to make decisions on your behalf, as well as the names of alternative agents
- Your values, goals, and preferences regarding medical care
- The type of medical treatment you do and do not want to receive
- Where you want to receive medical treatment
- Instruction about artificial hydration and nutrition
- Your preferences for mental health treatment such as neuroleptic medications
- Instructions on what to do if you are pregnant
- If you want to donate your organs, tissues, or eyes
Legal Requirements for Health Care Directives
Like all legal documents, health care directives must fulfill certain requirements in order to be considered valid and upheld by a court in Utah. Firstly, the individual drafting the directive must be at least 18 years of age and have the mental capacity to draft the document. This means they understand what they are drafting and the consequences of their decision. Individuals must also voluntarily execute the directive and not be under undue influence or coercion.
Witnesses must also sign health care directives in Utah and they must also meet certain requirements. Under these requirements witnesses must:
- Be at least 18 years of age
- Not be related to the individual by blood or marriage
- Not have any interest in the estate, meaning they cannot benefit from it
- Not be the beneficiary of the individual’s bank accounts, life insurance policy, or other financial accounts
- Not be the individual’s health care provider
Our Estate Planning Attorney in Utah Can Execute Your Health Care Directive
At AGS Law, our Utah estate planning attorney can help you identify your goals and ensure your health care directive is executed properly so your wishes are fulfilled and your future is protected. Call us now at 801-477-6144 or fill out our online form to schedule a consultation and to get the legal help you need.
Source:
le.utah.gov/xcode/Title75/Chapter2A/C75-2a_1800010118000101.pdf
