What is an Advanced Healthcare Directive?
Prior
to 2008 in Utah, most well-drafted estate plans included a separate healthcare power of attorney. Like the types of
powers of attorney set forth above, these healthcare powers of attorney could be springing, limited, or durable. Most
well-drafted estate plans also included a living will. In 2008, the Utah legislature enacted the Utah Advance
Healthcare Directive (UAHD).
The UAHD essentially
combines the powers of a healthcare power of attorney with a living will by allowing you to plan for medical incapacity and
to express your wishes regarding appointment of a guardian, organ donation and other disposition of your body, and termination
of life sustaining care.
The UAHD allows you to appoint
an agent for the express purpose of making healthcare decisions for you; allows you to identify whether you wish to participate
in organ donation or other disposition of your body; and provides the opportunity to identify the extent to which you wish
to permit life sustaining care.