Dear Leader McKell:

Thank you for your continued leadership in ensuring that Utah remains at the forefront of modernizing its estate planning laws. The Legacy, Innovation & Virtual Estate Planning (LIVE) Coalition writes to express our strong support for House Bill 181, the Uniform Electronic Estate Planning Documents Act, which builds upon Utah’s 2020 enactment of the Uniform Electronic Wills Act and advances the state’s progress toward fully electronic, end-to-end estate planning.

In today’s digital society, Utahns should have the ability to create and electronically execute common, non-testamentary estate planning documents—including trusts, advance health care directives, and powers of attorney. House Bill 181 would make that possible by authorizing the secure electronic execution of these essential documents.

The Uniform Law Commission adopted the Uniform Electronic Estate Planning Documents Act (UEEPDA) in July 2022 to provide a clear, consistent legal framework for electronic estate planning documents. House Bill 181 aligns with this national model, which has already been enacted in states including Missouri, North Dakota, and Oklahoma. By adopting this approach, Utah would continue to lead in implementing thoughtful, technology-forward legal reforms.

Allowing electronic execution of estate planning documents promotes access by simplifying the process of creating and signing them. Just as Utahns can designate beneficiaries through their financial institutions using online forms, they should be able to create and execute a power of attorney or advance directive electronically. Modernization reduces logistical barriers while maintaining appropriate safeguards.

Unfortunately, many Utahns lack even basic incapacity planning documents, creating unnecessary hardship for families during times of crisis. Without tools such as a financial power of attorney, loved ones may be forced to pursue guardianship proceedings, thus placing additional strain on families, increasing costs, and burdening probate courts. Making these documents easier to create and execute will expand access to planning, reduce avoidable court involvement, and generate meaningful savings for both families and the judicial system.

We appreciate your leadership on this important issue and respectfully urge passage of House Bill 181. The LIVE Coalition stands ready to serve as a resource as this legislation moves forward.