The Utah durable power of attorney (DPOA) is a legal document used for transferring authority from one person to another. The party that issues the durable power of attorney is called the principal, while the party that represents the principal is called the agent or the attorney in fact.
The principal should use the durable power of attorney in every situation where they are not able to personally represent their interests.
This includes situations where the principal has a certain physical or mental disability, has dementia or Alzheimer’s disease, or is simply located far from the place where a certain action needs to be taken.
A durable power of attorney will remain valid and effective even if the principal becomes legally incapacitated.
Durable Power of Attorney Laws & Requirements in Utah
Laws & Requirements
Relevant laws: Title 75, Chapter 9 - Uniform Power of Attorney Act
Signing requirements: The principal must sign the Utah durable power of attorney before the notary public. (§ 75-9-105)
Statutory form: § 75-9-301 provides the statutory form for the Utah power of attorney.
“Durable” as defined by the state law: According to § 75-9-102(2), “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.
How to Fill out a Durable Power of Attorney in Utah
#1. Designate an Agent
Firstly, you should designate a person who will act on your behalf and represent your interests. This person should be an adult with legal capacity. Moreover, it should be a trustworthy person, especially if they have the authority to make decisions regarding your finances and medical care.
In some situations, if you need to deal with certain tax-related or legal matters, you should name a licensed professional as your agent. This can be an accountant, a tax advisor, a lawyer, or some other relevant professional.
In this section, you can also name the successor agent. They will represent you in case the primary agent loses legal capacity or is otherwise unable to act.
#2. Grant Authority
Once you have named the agent, you should determine their scope of authority.
The Utah durable power of attorney form provides three main ways to determine your agent’s scope of authority.
Scope of Authority
General authority. This option enables the agent to take all the necessary actions and interact with any third party on your behalf. You can limit the durable power of attorney by providing a list of activities that are not included in the agent’s scope of authority.
Partial authority. Here, you can select the activities that you want to include in your agent’s scope of authority from the list of activities provided in the Utah durable power of attorney form.
Special authority. This option enables you to define your agent’s scope of authority in your own words. In this way, you can include the authorities that are not provided in the durable power of attorney form.
#3. Ensure the Form is Durable
In Utah, the power of attorney is durable by default, meaning that you must explicitly indicate in the document if you want your power of attorney to be non-durable.
#4. Sign the Form
The principal, or another person in their conscious presence and guided by them, should sign the Utah durable power of attorney.
#5. Notarize the Form
The Utah durable power of attorney must be notarized. The notary public will confirm the authenticity of the principal’s signature and the overall authenticity of the document.
#6. Store Your Durable Power of Attorney Form
Once you have signed the document, you should keep it in your possession and store it in a safe place.
You can give one copy to the agent so they can prove their capacity to the third parties they are interacting with on your behalf.
How to Revoke a Durable Power of Attorney in Utah
You can revoke the Utah durable power of attorney by:
Reasons for Termination
Making a verbal revocation
Drafting a written revocation
Destroying the document with the intention of revoking it
Making a new power of attorney that overrules the old one
However, the best way to revoke the Utah durable power of attorney is to write a revocation letter. This letter should include the agent’s name and the date of issuing the power of attorney you want to revoke.
To make the revocation effective, you should give a copy of the revocation letter to the agent and to every third party the agent is interacting with on your behalf.