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2019 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 2a - Advance Health Care Directive Act
Section 114 - Revocation of directive.
Universal Citation: UT Code § 75-2a-114 (2019)
75-2a-114. Revocation of directive.
Amended by Chapter 107, 2008 General Session
- (1) An advance directive may be revoked at any time by the declarant by:
- (a) writing "void" across the document;
- (b) obliterating, burning, tearing, or otherwise destroying or defacing the document in any manner indicating an intent to revoke;
- (c) instructing another to do one of the acts described in Subsection (1)(a) or (b);
- (d) a written revocation of the directive signed and dated by:
- (i) the declarant; or
- (ii) an adult:
- (A) signing on behalf of the declarant; and
- (B) acting at the direction of the declarant; or
- (e) an oral expression of an intent to revoke the directive in the presence of a witness who is age 18 years or older and who is not:
- (i) related to the declarant by blood or marriage;
- (ii) entitled to any portion of the declarant's estate according to the laws of intestate succession of this state or under any will or codicil of the declarant;
- (iii) the beneficiary of any of the following that are held, owned, made, or established by, or on behalf of, the declarant:
- (A) a life insurance policy;
- (B) a trust;
- (C) a qualified plan;
- (D) a pay on death account; or
- (E) a transfer on death deed;
- (iv) entitled to benefit financially upon the death of the declarant;
- (v) entitled to a right to, or interest in, real or personal property upon the death of the declarant;
- (vi) directly financially responsible for the declarant's medical care;
- (vii) a health care provider who is:
- (A) providing care to the declarant; or
- (B) an administrator at a health care facility in which the declarant is receiving care; or
- (viii) the adult who will become agent or default surrogate after the revocation.
- (2) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes the designation of a spouse as an agent, unless:
- (a) otherwise specified in the decree; or
- (b) the declarant has affirmed the intent to retain the agent subsequent to the annulment, divorce, or legal separation.
- (3) An advance health care directive that conflicts with an earlier advance health care directive revokes the earlier directive to the extent of the conflict.
Amended by Chapter 107, 2008 General Session
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