Your Future Self Will Thank You for Reading This

You’re sitting in a St George coffee shop when a friend mentions they just signed some documents at their attorney’s office. “Got my living will done,” they say casually. You nod, but inside you’re wondering if that’s the same thing as the last will your parents have been nagging you about.

Spoiler alert: it’s not. And the difference between these two documents could matter more than you think.

Many people use the terms interchangeably, assuming they’re variations of the same thing. They’re not. One deals with your healthcare wishes while you’re still alive but unable to communicate. The other handles what happens to your property after you pass away. Both are important, but they serve completely different purposes under Utah law.

Let’s clear up the confusion so you can make informed decisions about your future.

What Exactly Is a Living Will in Utah?

Here’s where terminology gets tricky. What most people casually call a “living will” is actually part of what Utah law officially recognizes as an Advance Health Care Directive, governed by Title 75A, Chapter 3 of the Utah Code.

An advance health care directive is the broader legal document that can include two separate components. The first is what’s technically called a “living will”—written instructions about the medical treatments you would or wouldn’t want in specific situations. The second component is a healthcare power of attorney, where you appoint someone (called a healthcare agent) to make medical decisions for you when you can’t make them yourself.

You can create an advance directive with just instructions (living will only), just a healthcare agent appointment (power of attorney only), or both. Many people include both components for complete coverage. The important thing to know is that in Utah, these healthcare planning tools fall under the umbrella of the advance health care directive.

This document allows you to make your healthcare preferences known when you can’t speak for yourself.

What makes it legally valid in Utah?

An advance health care directive must be:

• In writing
• Signed by you as an adult (18 or older)
• Witnessed by one qualified person OR notarized

These requirements are spelled out in Utah Code Section 75A-3-301.

Think of situations where you might be unconscious after an accident, suffering from advanced dementia, or dealing with a terminal illness. Your advance directive speaks for you when you physically cannot. It might address life-sustaining treatments, artificial nutrition and hydration, pain management, organ donation, and other medical interventions.

If you choose to appoint a healthcare agent, that person’s authority only kicks in after a physician or advanced practice registered nurse determines you lack healthcare decision-making capacity under Section 75A-3-201. Healthcare decision-making capacity means you can grasp the nature and consequences of healthcare decisions and can communicate your choices. Until that determination is made, you maintain full control over your own medical decisions.

What Is a Last Will and Testament in Utah?

A last will and testament is a completely different animal. This document has nothing to do with your medical care. Instead, it directs how your property and assets should be distributed after you die. It’s governed by Title 75, Chapter 2 of the Utah Uniform Probate Code.

Under Utah Code Section 75-2-502, a valid will must meet specific requirements. The will must be in writing and signed by you (the testator). You must have testamentary capacity when you sign it, meaning you know what property you own, who your natural beneficiaries are (family members who would normally inherit), and the effect of signing the will. Additionally, at least two competent people must witness you signing your will and must sign it themselves within a reasonable time after watching you sign.

For best practices, witnesses should be “disinterested,” meaning they don’t stand to inherit anything under your will. While Utah law doesn’t automatically invalidate a will if a beneficiary serves as a witness, using disinterested witnesses avoids potential challenges and complications.

What can you do with a will?

Your last will lets you name beneficiaries who will receive your property. You can designate a personal representative (executor) to manage your estate through the probate process. If you have minor children, this is where you nominate guardians to care for them. You can also include specific instructions about how you want your assets divided, make charitable bequests, or address other concerns about your estate.

Optional but helpful: Self-Proving Affidavit

While not required for validity, Utah allows you to attach a self-proving affidavit to your will under Utah Code Section 75-2-504. This is a notarized statement signed by you and your witnesses that can streamline the probate process by eliminating the need to track down witnesses later to verify their signatures.

Without a valid will, Utah’s intestacy laws take over. Your property gets distributed according to a statutory formula that may not reflect your actual wishes. The state decides who gets what based on your family relationships, and someone you might not have chosen could end up managing your estate.

The Key Differences That Actually Matter

These documents serve completely different purposes and operate under separate legal systems in Utah. Here’s what sets them apart:

• When they take effect: A living will (advance directive) works while you’re alive but incapacitated. A last will only activates after your death.
• What they cover: Living wills address medical treatment decisions. Last wills handle property distribution and estate matters.
• How they’re carried out: Your healthcare agent uses your advance directive to make immediate medical decisions with your doctors. Your personal representative uses your will to settle your estate through Utah’s probate court, which can take months or years.
• Legal authority: Living wills fall under Title 75A (health care decisions). Last wills are governed by Title 75 (probate code). Different statutes, different rules, different processes.

Do I Need Both Documents?

The short answer is probably yes. Most adults should have both an advance health care directive and a last will. They address different aspects of your future planning. Having one doesn’t replace the need for the other.

Without an advance directive, your family may need to go to court for guardianship to make medical decisions for you. Without a will, Utah’s intestacy laws decide who inherits your property, and the court appoints someone to handle your estate. Both situations create delays, added costs, and stress that proper planning can prevent.

When these documents become especially important

Some situations make these documents even more necessary:

• You have minor children
• You own real property
• You have specific wishes about life-sustaining treatment
• You want to disinherit someone who would otherwise inherit under intestacy laws
• You have a blended family
• You own a business
• You own digital assets like cryptocurrency or valuable online accounts
• You want to make charitable donations

If any of these apply to you, proper estate planning documents are essential.

Common Mistakes People Make

Creating one document but not the other. You might have a will but no advance directive, leaving your family struggling with healthcare decisions. Or you might have an advance directive but no will, letting the state decide who gets your property.

Using outdated forms. Laws change, and old documents might not hold up when you need them. Some people use forms that don’t comply with current Utah law.

Forgetting to update after life changes. Major life events should trigger a review of your documents:

• Marriage or divorce
• Birth or adoption of children
• Deaths of named agents, beneficiaries, or guardians
• Significant changes in assets or financial situation
• Moving to or from Utah
• Changes in health status

Choosing the wrong people. You need someone trustworthy, capable of making difficult decisions, available when needed, and willing to serve as your agent or personal representative.

Not communicating with family. The best documents in the world don’t help if nobody knows they exist or where to find them. Talk to your family and chosen agents about your wishes and where to locate your documents.

How Do I Get Started?

Creating these documents doesn’t have to be overwhelming. Start by gathering information about your assets:

• Real property
• Bank accounts
• Investments
• Retirement accounts
• Personal property
• Digital assets (online accounts, cryptocurrency, social media, stored photos and documents)

Think about who you trust to make healthcare decisions for you and manage your estate. Consider your values regarding end-of-life medical care.

Many people find it helpful to have conversations with family members about their wishes before putting anything in writing. These discussions can prevent misunderstandings and family conflicts later.

While online forms exist, they often don’t account for Utah-specific requirements or your unique situation. Working with an attorney who practices estate planning in Utah ensures your documents comply with current state law and actually accomplish your goals. An attorney can identify issues you might not have considered and tailor documents to your specific needs.

When Should I Update These Documents?

Your estate planning documents aren’t “set it and forget it” items. Life changes, and your documents should reflect those changes.

How to properly change your documents

For your advance health care directive, you can revoke it at any time while you have capacity by:

• Destroying the original document
• Writing a signed and dated statement revoking it
• Orally expressing your intent to revoke it
• Creating a new advance directive (which automatically revokes prior inconsistent directives)

For your will, you can revoke or modify it by:

• Creating a new will that explicitly revokes the prior will
• Physically destroying the will with intent to revoke it
• Creating a codicil (a formal amendment to your will)

Even without major life changes, it’s smart to review your documents every three to five years. Laws change, your circumstances evolve, and relationships shift over time.

What Happens If I Don’t Have These Documents?

Let’s be blunt about the consequences of not planning ahead.

Without an advance health care directive

Utah law provides a hierarchy of family members who can make healthcare decisions for you under Section 75A-3-401. But this default system can lead to family conflicts, delays in treatment decisions, and choices that don’t reflect what you would have wanted.

Without a will

The probate court distributes your property according to Utah’s intestacy statutes found in Title 75, Chapter 2, Part 1. Your spouse and children receive property in predetermined percentages. If you have no spouse or children, your parents, siblings, or other relatives inherit. If you have no living relatives, your property goes to the state of Utah.

The intestacy system doesn’t account for your actual wishes. It doesn’t consider who needs the money most, who helped care for you, or who you’d want to remember. It treats all children equally even if your relationships with them differ. It doesn’t provide for unmarried partners, stepchildren you haven’t adopted, friends, or charities.

The probate process often takes longer and costs more without a will. Family members might fight over who should serve as administrator or how property should be divided. These conflicts damage relationships and drain estate assets through legal fees.

Key Takeaways

• A living will (technically part of an advance health care directive) handles medical decisions while you’re alive but incapacitated; a last will handles property distribution after death
• Both documents are governed by different sections of Utah law and serve completely different purposes
• An advance directive can include both instructional directives (living will) and appointment of a healthcare agent (healthcare power of attorney)
• Most adults need both documents for complete planning
• Your advance directive must comply with Title 75A, Chapter 3 of the Utah Code and include proper witnesses or notarization
• Your last will must meet the requirements of Utah Code Section 75-2-502 including your signature and two competent witnesses
• Using disinterested witnesses (non-beneficiaries) for your will is best practice
• Consider adding a self-proving affidavit to your will to streamline probate
• Without these documents, Utah law makes decisions for you through default statutes that may not reflect your wishes
• Update your documents after major life changes and review them every few years
• Working with an attorney ensures your documents comply with current Utah law and accomplish your actual goals

Frequently Asked Questions

Can I change my mind after creating these documents?

Absolutely. You can revoke or amend your advance health care directive at any time while you have decision-making capacity. You can revoke it by destroying it, writing a revocation statement, creating a new directive, or even orally expressing your intent to revoke.

You can also revoke or modify your will at any time before you die, as long as you have testamentary capacity. Common methods include creating a new will, physically destroying the old will with intent to revoke it, or executing a codicil (formal amendment). Changes should be made properly to ensure they’re legally valid.

Do I need a lawyer or can I use online forms?

Utah law doesn’t require you to use an attorney to create these documents. However, generic online forms often don’t account for Utah-specific requirements or your unique circumstances. Mistakes in these documents can render them invalid or cause them to fail when you need them most. An attorney can ensure everything is done correctly.

What’s the difference between a healthcare agent and a personal representative?

A healthcare agent makes medical decisions for you while you’re alive but incapacitated. A personal representative (executor) manages your estate after you die. These are different roles, often serving at different times, and you can choose different people for each position.

Can the same person be my healthcare agent and my personal representative?

Yes, you can appoint the same person to both roles if you want. Many people choose a trusted spouse or adult child for both positions. Just make sure the person is willing and able to handle both responsibilities.

What happens if I move to Utah from another state?

Estate planning documents from other states might be valid in Utah, but there’s no guarantee. Different states have different requirements. It’s wise to have an attorney review your out-of-state documents and determine whether you need new Utah-specific documents.

If I have a living trust, do I still need a will?

Usually yes. Even with a living trust, you should have what’s called a “pour-over will” to catch any assets that weren’t transferred into your trust. A living trust doesn’t replace the need for an advance health care directive either.

How much does it cost to create these documents?

Costs vary depending on your situation’s complexity and the attorney you choose. Many people find the peace of mind worth the investment. Consider the potential costs of not having proper documents in place, including court proceedings, family conflicts, and unintended outcomes.

Can I name multiple people to make decisions together?

You can, but it’s often not recommended. Requiring multiple people to agree on every decision can cause delays when quick action is needed. It’s usually better to name one primary agent and one or more successor agents who serve if the primary agent is unavailable.

Do I need to appoint a healthcare agent in my advance directive?

No, appointing a healthcare agent is optional. Some people choose to create an advance directive that only contains instructions about desired medical treatments (the “living will” component) without naming an agent. Others only appoint an agent without providing detailed instructions. Most people include both for complete coverage.

Get Your Estate Planning in Order

You now know the difference between a living will and a last will. You know why both documents matter and what happens without them. The question is, what will you do with this information?

At Boyack Christiansen Legal Solutions, we help St George families create estate plans that actually work when they’re needed. We take time to learn about your situation, explain your options in plain language, and draft documents that comply with Utah law while reflecting your wishes.

Don’t leave your family guessing about your healthcare preferences or fighting over your estate in probate court. Take control of these decisions while you can still make them.

Ready to get started? Contact Boyack Christiansen Legal Solutions today to schedule a consultation. We’ll walk you through the process, answer your questions, and help you create an estate plan that gives you peace of mind and protects the people you care about.

Your future self will thank you for taking action today.