2020 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 (2020)
75-2a-114. Revocation of directive.
  • (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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