All adults should have a living will and/or advanced health care directive so their medical directives will be carried out even if they are unable to communicate them. A living will is a document that allows you to set forth your wishes regarding end-of-life treatment. An advanced health care directive allows you to appoint a trusted family member or friend to make medical decisions for you if you are unable to do so for yourself. In Utah and in many other states the advanced health care directive combines both the appointment of an agent, and your living will. As your life circumstances change, however, it is important to understand that you have the ability to revoke or otherwise alter your health care documents, and you should do so as frequently as necessary.
Revocation
You have the ability to revoke or terminate your advanced health care directive and/or living will. Typically, you can accomplish this by (i) writing “VOID” on the original document, (ii) executing and dating a letter of revocation, (iii) physically destroying the original document, or (iv) by executing a new living will and specifically revoking any prior living wills. If you alter your health care directives, it is imperative that you notify your health care providers and ensure that they update their records accordingly. This is very important in this new digital age where your records may be available across an entire health care system.
You should sign a new advanced health care directive as often as life events dictate. A few examples are:
- Your agent moves out of state or has died or you no longer have a close relationship.
- You are diagnosed with a disease that may require special treatment plans or even a Do Not Resuscitate Order.
- You may now have an adult child who could carry out your wishes.
- You may have remarried after a divorce or loss of a spouse.
- You might have other life events that cause you to consider a change.
Divorce
In Utah, an order of separation, annulment or divorce automatically revokes a living will that designates the former spouse as your health care agent, unless otherwise specified in the decree or you affirm the appointment after the divorce occurs. It is important to update all of your estate planning documents if a separation, annulment or divorce occurs.
Court Intervention
If somebody questions the validity of your living will or the actions of your health care proxy, it is possible for a court to get involved. Typically, judges do not want to make health care decisions. As a result, your documents will likely be upheld unless the objecting party proves you were not of sound mind when you executed them or that your health care agent is not following your wishes.
Death
Your health care documents terminate upon your death. However, other documents containing provisions regarding the disposition of your body are valid and enforced. The disposition of your body is not normally a part of your advanced health care directive.
The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. We provide specific counseling with our clients in regard to Advanced Health Care Directives. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.