Living Will

In Utah, a Living Will allows you to indicate in writing what care you wish to receive if you have or develop a terminal condition or if you fall into a persistent vegetative state and cannot make decisions. If you have signed a Special Power of Attorney for Healthcare and the healthcare proxy disagrees with the wishes expressed in the living will, the physicians must do what the healthcare proxy directs.

Utah law defines a terminal condition as an incurable or irreversible condition for which continuing medical treatment would not improve health, but would only prolong the dying process.

A persistent vegetative state is a severe impairment of mental functions that prevents thought. You are in a persistent vegetative state when you are comatose with no higher cognitive function; your body performs only involuntary bodily functions.

A Living Will must be signed by two witnesses who: (1) are 18 years of age or older; (2) are not related to you; (3) will not inherit from you; (4) are not financially responsible for your care; and (5) are not agents of the health care facility in which you are a patient when you sign the living will.

One document that you may wish to use to structure your discussions about your end-of-life care preferences is called the Five Wishes. You can obtain this document at www.agingwithdignity.org for $5. If you fill out and sign the Five Wishes, it may or may not be enforceable under Utah law. But even if it is not legally enforceable, it may help you to identify your preferences and it may help you to communicate those preferences with others. You can also attach this document to your living will.

As discussed below, the living will can be revoked or reversed by you at any time.

Click here for the printable living will form

The above information is courtesy of the Partnership to Improve End-of-Life Care in Utah