<section number="75A-9-114"><effdate>1/1/2026</effdate><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Revocation.</catchline><subsection number="75A-9-114(1)">An individual may revoke the appointment of an agent, the designation of a default surrogate, or a health care instruction in whole or in part, unless:<subsection number="75A-9-114(1)(a)">a court finds the individual lacks capacity to do so; or</subsection><subsection number="75A-9-114(1)(b)">the individual is found under Subsection <xref depth="4" refnumber="75A-9-103(2)">75A-9-103(2)</xref> to lack capacity to do so and, if the individual objects to the finding, the finding is confirmed under Subsection <xref depth="4" refnumber="75A-9-104(4)(d)">75A-9-104(4)(d)</xref>.</subsection></subsection><subsection number="75A-9-114(2)">Revocation under Subsection (1) may be by any act of the individual that clearly indicates that the individual intends to revoke the appointment, designation, or instruction, including an oral statement to a health care professional.</subsection><subsection number="75A-9-114(3)">Except as provided in Section <xref depth="3" refnumber="75A-9-109">75A-9-109</xref>, an advance health care directive of an individual that conflicts with another advance health care directive of the individual revokes the earlier directive to the extent of the conflict.</subsection><subsection number="75A-9-114(4)">Unless otherwise provided in an individual's advance health care directive appointing an agent, the appointment of a spouse of an individual as agent for the individual is revoked if:<subsection number="75A-9-114(4)(a)">a petition for annulment, divorce, dissolution of marriage, legal separation, or termination has been filed and not dismissed or withdrawn;</subsection><subsection number="75A-9-114(4)(b)">a decree of annulment, divorce, dissolution of marriage, legal separation, or termination has been issued;</subsection><subsection number="75A-9-114(4)(c)">the individual and the spouse have agreed in a record to a legal separation; or</subsection><subsection number="75A-9-114(4)(d)">the spouse has willfully deserted the individual for more than one year.</subsection></subsection></section>