Utah: your 18-year-old’s paperwork

What this covers: how a Utah student signs the four Covered18 documents (health care directive, financial power of attorney, HIPAA release, FERPA consent) and what to do afterward. It does not say which choices are right for your family.

0. Before you start

• Age: Utah minority ends at 18 (Utah Code §15-2-1); sign on or after the 18th birthday.
• Talk with the person you plan to name (and a backup) before anything is printed. They need to agree and know where the papers will be.
• Schools, hospitals and banks sometimes ask for their own forms. Ask the school's registrar and student health center what they accept.
• If any item below says UNVERIFIED, confirm it with the notary, the state source, or a lawyer before relying on it.

1. Health care directive

Advance Health Care Directive (Utah optional form)
Statutory form text reproduced verbatim from the official source (see Sources). Optional statutory form, Utah Code §75A-9-110, effective 2026-01-01.

• The student signs. One adult witness also signs (Utah Code §75A-9-107(4)). There is no notary alternative in the statute.
• The witness cannot be the agent, the agent's spouse or cohabitant, or (if the student lives or receives care in a nursing home or assisted living facility) its owner, operator, employee or contractor.
• If a parent is the agent, the other parent (the agent's spouse) cannot be the witness. Use a third adult.
• The witness may be present in person, by live video, or in limited cases by live audio (§75A-9-107(5)).

Watch for: - Do not use forms from before 2026-01-01 as a template. Utah's directive law was replaced. - The directive needs ONE adult witness; see the signing guide for who cannot be that witness.

2. Financial power of attorney

Statutory Form Power of Attorney (Utah)
Statutory form text reproduced verbatim from the official source (see Sources). Optional statutory form, Utah Code §75A-2-301.

• The student signs before a notary (Utah Code §75A-2-105(1)(a)). No witnesses are required.
• The student needs enough mental capacity to understand they are appointing an agent to handle financial affairs (§75A-2-105(1)(a)(ii)).
• A notarized POA gets the bank-acceptance protections in §75A-2-119 and §75A-2-120 (an institution must accept or ask for a certification within seven business days; exceptions apply).

Watch for: - The power of attorney must be signed before a notary (§75A-2-105). - Gifts and other special powers require initials; leave blank if unsure.

3. HIPAA authorization and FERPA consent

• The HIPAA release and FERPA consent are separate papers built from the federal required elements (45 CFR 164.508; 34 CFR 99.30). The student signs and dates each. Neither gives anyone the power to make decisions; they only allow information to be shared.
• Notarization is not required by the federal rules. Some schools and providers want their own form; ask first.
• Utah has its own health-record privacy rules that were not researched for this kit. UNVERIFIED.
• Ask the school's registrar and student health center which forms they accept.

4. Remote (online) options

Question	What we found
Remote witness for the directive	Allowed by §75A-9-107(5) (real-time video, or audio in limited cases).
Remote online notarization for the POA	Utah allows remote notarization only by a Utah-certified remote notary physically in Utah (§46-1-3.6). Whether a student outside Utah can use it for this document: UNVERIFIED.
Electronic signing	The Uniform Electronic Estate Planning Documents Act (Utah Code Title 75, ch. 13, effective 2026-05-06) covers directives and may allow electronic signing and witnessing. Details UNVERIFIED.

If the table says UNVERIFIED, plan on signing in person. See the notary options page for online notary services and their public prices.

5. If the student is signing from another state

• Directive from another state: valid in Utah if it complies with the law of the state specified or where created (§75A-9-115(1)).
• POA from another state: valid if executed in compliance with the law determining its meaning and effect (§75A-2-106(3)).

Banks and hospitals decide for themselves what they accept. Whether yours accepts an out-of-state document is UNVERIFIED.

6. Stop and ask a lawyer if

• The student lives in a nursing home or assisted living facility.
• Signing date earlier than the 18th birthday.
• Anything in your situation does not match this guide (for example guardianship, a disability, or a business interest).

7. Checklist to bring to the notary

• ☐ Government photo ID that is current (the notary will check it against the name on the papers).
• ☐ The documents, printed, unsigned. Do not sign ahead of time.
• ☐ Every person who must be present: the student, any witnesses (see Section 1 and 2), and the notary.
• ☐ Names, addresses and phone numbers for the agent(s) and backups.
• ☐ A black-ink pen. Print the HIPAA release and FERPA consent on their own pages.
• ☐ Ask the notary what the fee is before the appointment. Notary fees are not included in Covered18's price.
• ☐ Do not bring the agent as a witness unless the state section above says it is allowed.

8. After signing

• Make copies. Give a copy to the agent, the backup agent, the student's doctor or campus health center, and the bank if the financial document is meant to be used there. Keep the original somewhere safe and tell people where.
• Keep a scan in a place the agent can reach.
• Review once a year and after any big change (new school, move, relationship change). The HIPAA release has its own expiry date; set a reminder.
• If the student wants to change or cancel a document, ask the notary or a lawyer how to do that in your state.

9. UNVERIFIED items

• Remote notarization details for a signer outside Utah.
• Interaction of the 2026 e-estate-documents act with the notary requirement for the POA.
• Acceptance by banks, hospitals and schools.