CHANGES TO THE LIVING WILL STATUTE

There have also been changes to the laws of the state of Utah. On January 1, 2008 Utah changed the living will statute. The previous statute provided for the appointment of a healthcare agent through a Special Power of Attorney to carry out your final wishes regarding end of life decisions. The statute then required the execution of a second document which actually spelled out your final wishes with regard to end of life decisions. The statute presented several practical problems, the chief of which was that emergency medical providers refused to recognize the document.

Under the new act, emergency medical providers have agreed that they will recognize the new living will form. Although living wills that were executed prior to January 1, 2008 are still valid, it is highly recommended that you update it to conform to the new statute. This will provide you a living will that will be honored by EMT’s and ER doctors in emergency situations.



By Bruce W. Shand, guest writer
Bruce's practices focuses on estate planning and tax related issues. He can be contacted at bwshand@earthlink.net.