§ 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