Utah Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Utah who cannot decide: an agent, a guardian, or Utah's default surrogate order. Runs in your browser; nothing is stored.

Utah law checked against official sources on October 26, 2026.

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What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Utah

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Utah's default surrogate order

  1. An adult the person identified, other than in a power of attorney, to decide
  2. Spouse (Not if a divorce, annulment or separation is filed or decreed, a separation is agreed, or after willful desertion over one year)
  3. An adult child or a parent (one class)
  4. A cohabitant
  5. An adult sibling
  6. An adult grandchild or a grandparent (one class)
  7. An adult who routinely helped with supported decision making in the past six months
  8. An adult stepchild the person actively parented (Must have an ongoing relationship)
  9. An adult who has shown special care and concern and knows the person's values
  10. A willing physician designated by the responsible health care professional (Only in a health care institution, after best efforts fail to find anyone above)
What it covers
Since January 1, 2026, a default surrogate may make health care decisions, including mental health care, for an adult who lacks capacity when no agent or guardian with health care authority is appointed or reasonably available.
If more than one person is in the same group
The professional follows the majority of the highest class who have shared their views. If still evenly divided after asking other class members, the decision is made under other Utah law.
If nobody on the list is available
In a health care institution, if no agent, guardian or listed person can be found, the responsible professional may designate a willing physician, who may consult an ethics committee.
Who decides the person cannot decide
Lack of capacity is found after a contemporaneous examination by a physician, licensed psychologist, physician assistant, APRN or, in some cases, another responsible professional.
Limits
  • For a person with a long-term disability who routinely uses artificial nutrition, hydration or a ventilator, a surrogate may withhold or withdraw it only in listed situations.
  • A default surrogate cannot make a decision that a guardian could not make, or could make only with specific court approval.
  • A nursing home or assisted living owner, operator, employee or contractor cannot serve unless family or a cohabitant.
  • A default surrogate's decision takes effect without court approval.

Source: Utah Code 75A-9-111 · Checked October 26, 2026

Next steps

Who decides in Utah without a power of attorney?

Utah's default surrogate law (Utah Code 75A-9-111) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: An adult the person identified, other than in a power of attorney, to decide; the first relative listed is: Spouse.

Utah's default surrogate law in full

Utah's default surrogate order

  1. An adult the person identified, other than in a power of attorney, to decide
  2. Spouse (Not if a divorce, annulment or separation is filed or decreed, a separation is agreed, or after willful desertion over one year)
  3. An adult child or a parent (one class)
  4. A cohabitant
  5. An adult sibling
  6. An adult grandchild or a grandparent (one class)
  7. An adult who routinely helped with supported decision making in the past six months
  8. An adult stepchild the person actively parented (Must have an ongoing relationship)
  9. An adult who has shown special care and concern and knows the person's values
  10. A willing physician designated by the responsible health care professional (Only in a health care institution, after best efforts fail to find anyone above)
What it covers
Since January 1, 2026, a default surrogate may make health care decisions, including mental health care, for an adult who lacks capacity when no agent or guardian with health care authority is appointed or reasonably available.
If more than one person is in the same group
The professional follows the majority of the highest class who have shared their views. If still evenly divided after asking other class members, the decision is made under other Utah law.
If nobody on the list is available
In a health care institution, if no agent, guardian or listed person can be found, the responsible professional may designate a willing physician, who may consult an ethics committee.
Who decides the person cannot decide
Lack of capacity is found after a contemporaneous examination by a physician, licensed psychologist, physician assistant, APRN or, in some cases, another responsible professional.
Limits
  • For a person with a long-term disability who routinely uses artificial nutrition, hydration or a ventilator, a surrogate may withhold or withdraw it only in listed situations.
  • A default surrogate cannot make a decision that a guardian could not make, or could make only with specific court approval.
  • A nursing home or assisted living owner, operator, employee or contractor cannot serve unless family or a cohabitant.
  • A default surrogate's decision takes effect without court approval.

Source: Utah Code 75A-9-111 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Utah if there is no power of attorney?

Utah's default surrogate law (Utah Code 75A-9-111) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: An adult the person identified, other than in a power of attorney, to decide; the first relative listed is: Spouse. The full order, tie rule and limits are in Utah Code 75A-9-111.

Does next of kin in Utah have authority over money?

No default surrogate law covers money. In Utah, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Utah law checked against the official text on October 26, 2026.

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