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Utah Durable Power of Attorney Laws


Explanation of Chart and More Information on Durable Power of Attorney Laws

Code Section 75-2-1106 Special Power of Attorney; 75-2-1101 et seq. Personal Choice and Living Will Act
Specific Powers, Life-Prolonging ActsAny medical procedure or intervention that would serve only to prolong the dying process including artificial nutrition and hydration unless declaration specifically excludes; does not include medication, sustenance, or any procedure to alleviate pain; separate procedure for "do not resuscitate" directive.
Legal Requirements for Durable Power of AttorneyAgent/proxy:(1) 18 yrs.; (2) in writing; (3) dated and signed; (4)suggested form §75-2-1105. For power of attorney: must be before notary public and the suggested form is §75-2-1106; power of attorney takes precedent over earlier signed directives
Revocation of Durable Power of AttorneyCurrent wishes of declarant take precedent over any directive. Revocable at any time by (1) signed revocation; (2) destruction of document; (3) oral expression of intent to revoke in presence of witness. Effective on receipt by physician
Validity from State-to-StateA similar instrument executed in another state is presumed to comply with Utah law and may be relied upon in good faith.
If Physician Unwilling to Follow Durable Power of AttorneyUnwilling physician required to transfer patient promptly
Immunity for Attending PhysicianNo civil, criminal, or professional liability for good faith compliance with directive

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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