Download Utah Durable Power of Attorney Form [PDF]

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

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.

#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:

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.