An advance directive may be revoked at any time by the declarant by:
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Terms Used In Utah Code 75-2a-114
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Agent: means an adult designated in an advance health care directive to make health care decisions for the declarant. See Utah Code 75-2a-103
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Declarant: means an adult who has completed and signed or directed the signing of an advance health care directive. See Utah Code 75-2a-103
Deed: The legal instrument used to transfer title in real property from one person to another.
Default surrogate: means the adult who may make decisions for an individual when either:
(a)
an agent or guardian has not been appointed; or
(b)
an agent is not able, available, or willing to make decisions for an adult. See Utah Code 75-2a-103
Health care: means any care, treatment, service, or procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition. See Utah Code 75-2a-103
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.
