The Utah power of attorney is a document that enables one person, called the principal, to authorize another person, called the agent, to take certain actions on their behalf, as if the principal would take them personally.
The Utah power of attorney contains the following elements:
Names, addresses, and ID numbers of the principal and agent
Details about co-agents and successor agents (optional)
Scope of authority delegated to the agent
List of third parties the agent is authorized to interact with
Details about the dates when the document becomes effective and loses its effectiveness
Witness acknowledgments (optional)
Acknowledgment of the notary public
Types of Power of Attorney in Utah
Utah Durable (Statutory) Power of Attorney Requirements
The Utah durable power of attorney enables the agent to represent the principal even if the principal becomes incapacitated. The document can also provide that the power of attorney will become effective only if the principal loses capacity.
Utah General (Financial) Power of Attorney Requirements
This type of power of attorney gives authority to the agent to take any action that is in the principal’s interest. Unless some special limitations are set, the agent can take any action and interact with any third party on behalf of the principal.
Utah Limited (Special) Power of Attorney Requirements
If the principal wants to authorize the agent to conduct only a limited number of activities or give them authorization to complete a single activity or transaction, they should use the limited power of attorney. In practice, a power of attorney issued for a single purpose automatically terminates after such a purpose is completed.
Utah Parental (Minors) Power of Attorney Requirements
Parents or guardians of children in Utah can use this type of power of attorney to authorize another person to have temporary guardian authority over the child. This person will be able to make decisions about the child’s education, healthcare, and more.
Utah Medical Power of Attorney Requirements
The principal can use this type of document to authorize another person to make decisions about their healthcare. This is usually in cases where the principal is in bad physical and mental state and it is likely that they won’t be able to make their own decisions in the future.
Utah Springing Power of Attorney Requirements
The Utah springing power of attorney becomes effective only after a certain event or a date provided by the principal. The principal often provides that the power of attorney will become effective only in case they are unable to complete certain actions personally.
Utah Vehicle Power of Attorney Requirements
If the principal wants to authorize another person to buy or sell a vehicle on their behalf, they can use the Utah vehicle power of attorney. This document also enables the agent to make a vehicle title transfer or apply for vehicle registration before the Utah DMV.
Utah Revocation Power of Attorney Requirements
The principal can use this power of attorney to revoke any previously issued power of attorney. For the revocation to be effective, they should inform the agent and any third party that the agent was interacting with on the principal's behalf that the power of attorney is revoked.
Utah Tax Power of Attorney Requirements
The principal can use a tax power of attorney to authorize their accountant or tax advisor to obtain their tax records from the Utah Tax Commission and file and sign the tax-related documents on their behalf. Considering the importance of the matter, the Utah tax power of attorney must be signed by both the principal and the agent.
Utah Real Estate Power of Attorney Requirements
The Utah real estate power of attorney grants authority to the agent to conduct the real estate transaction on their behalf. The principal can also authorize the agent to manage and maintain the real estate under their ownership.
Legal Requirements for a Power of Attorney in Utah
If you are drafting the Utah power of attorney, you should make sure your document is in line with the following state requirements:
Signature. Every Utah power of attorney must be signed by the principal or in the principal’s conscious presence. If another person signs the document on behalf of the principal, they must be directed by them. (§ 75-9-105)
Witnesses. To be valid, the Utah medical power of attorney must be acknowledged by one disinterested adult. (§ 75-2a-107(c))
Notarization. The Utah power of attorney is presumed to be genuine if it is acknowledged by the notary public or other relevant body.
Mental capacity. When signing the Utah power of attorney, the principal must be of sound mind and able to understand the consequences of their actions.
Who Can Be an Agent for a Power of Attorney in Utah?
In Utah, any person over the age of 18 with legal capacity can be named as an agent.
However, with a medical power of attorney, you can’t name the following people as your agent if you are living in a healthcare facility:
Owner of the facility
Other workers in the facility
To secure the effectiveness of your power of attorney, you can name a co-agent or a successor agent. In that way, you name a person who will be able to represent you even in case the primary agent is not able to act.
How to Create a Utah Power of Attorney
Power of Attorney in Utah
#1. Decide on Which Type of Document to Use
You should determine the most suitable type of Utah power of attorney based on:
The matter you want to delegate to your agent
The scope of authority you want your agent to have
The moment you want your document to become effective and terminate
#2. Select an Agent
Choose someone who is trustworthy and willing to represent you and protect your best interests. In some cases, when dealing with legal and tax-related matters, you want to grant authority to an agent that has the necessary professional knowledge in these fields.
#3. Define the Agent’s Powers
You can enable the agent to take any necessary action that is in your best interest by issuing a general power of attorney. Another method is to issue a limited power of attorney and provide a specific list of authorities the agent can have, as well as a list of third parties the agent is allowed to interact with on your behalf.
#4. Download & Fill in Our Form
Go to our website and download one of the professional Utah power of attorney templates. Fill out the necessary information, and you will have a document that is ready to be signed and notarized.
#5. Get it Signed & Notarized
Every power of attorney in Utah must be signed by the principal and acknowledged by the notary public or other body in charge of such acknowledgments.
#6. Safely Store The Original Copy
The original copy of the Utah power of attorney should always be in the principal’s possession.
#7. Provide Copies to Relevant Parties
The agent should have one copy of the document so they can prove their capacity to any third party they are interacting with on your behalf. When possible, you should also provide a copy of the document to every third party the agent interacts with for their reference.
#8. Update the Document as Needed
Every time some of the crucial information about you, your agent, or the predetermined scope of authority changes, you should update the power of attorney. The best way to do so is to issue a new one with the updated information.
How Long Does a Power of Attorney Last in Utah?
The Utah power of attorney becomes effective:
After the principal signs it
On the date the principal determined in the document
After a certain condition provided in the document is met (for example, if the principal becomes incapacitated to act)
The Utah power of attorney terminates if/when:
Reasons for Termination
The principal passes away
The principal becomes incapacitated (this applies only when the document is not durable)
The purpose for which the document is issued gets fulfilled
The date determined in the document as the power of attorney expiration date has passed
The principal passes away or becomes incapacitated and there is no co-agent or successor agent
Utah Power of Attorney FAQ
You can use a power of attorney in any situation when you can’t represent yourself. This can be due to your old age, unstable health, lack of professional knowledge in certain matters, or simply because you are located far from the place where a certain action needs to be taken.
A power of attorney grants authority to another person to act on behalf of the principal and take the necessary action within the scope of authority provided in the document.
In Utah, every power of attorney must be acknowledged by the notary public or other relevant body.
Yes, even if you already have a will, you should also create a power of attorney. The first allocates your property after you pass away, while the latter enables another person to represent you during your lifetime.