The Utah Power of Attorney Form is the document granting legal authority to other person, typically an agent, lawyer, or family member.
In essence, it’s giving an agent the legal authority to make business, medical or financial decisions on your behalf.
Typically, the person assigned the power is called the ‘agent’ while the person relinquishing their legal authority on a particular matter is the ‘principal.’ Once you’ve signed the form, it can be used immediately. More importantly, this document doesn’t necessarily require a government agency to be effective. The power of attorney form in Utah follows specific rules and regulations that you should be aware of when dealing with this contract.
This article will highlight all the necessary information you’ll need when dealing with Utah power of attorney. To set up the power of attorney in Utah, both the principal and agent must fill out and sign a form. Additionally, there are different types of POA Utah that you can find.
Types of Utah POA Form
There are various types of POAs available. Understanding them will help you decide the best fit for you. That said, here are the different POA in Utah:
Durable (Statutory) Power of Attorney
The Utah durable (statutory) power of attorney form allows the principal to appoint an agent who can represent the best interests and manage the principal’s finances over their lifetime. The principal delegates all the financial responsibilities to the agent, who is required to handle them as effectively as the principal.
Therefore, it’s crucial that the principal only considers highly trusted individuals for the agent position. Preferably a close family member or even a spouse. In addition, this form is durable, so the appointed agent will continue to act long after the principal who created the POA can’t make their own decisions. The principal should sign the form when the notary public is present (§ 75-9-105). The UT code’s statutory version of the Utah’s durable power of attorney can be found Title 75, Chapter 9 (Uniform Power of Attorney Act).
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
The Utah general (financial) power of attorney form is ideal when appointing a perfect agent responsible for representing your interests in financial transactions, among other matters. It’s crucial to consider an agent you can trust. They’ll have access to your assets and property and will be responsible for making decisions on your behalf.
Of course, this is different from the durable power of attorney. In the case of a general power of attorney in Utah, if the principal is no longer able to make their own decisions, then any appointments that came with the agreement are terminated immediately.
The agent no longer can wield the principal’s power if the principal is diagnosed with a condition that will render them incoherent or unconscious.
Statutes: UPAA (Uniform Power of Attorney Act).
Authority: (U.C.A. 1953 § 75-9-201)
Signing requirements: (U.C.A. 1953 § 75-9-105).
Download: Microsoft Word (.docx)
Limited Power of Attorney
The Utah limited power of attorney form permits the principal to appoint an agent responsible for acting on the principal’s behalf. With this kind of representation, it’s necessary to have a clear definition from the principal. In most cases, an agent exercises their authority over various transactions.
However, in this case, the agent’s representation of the principal will be limited to specific preset tasks for a designated period. Therefore, for the document to be as effective as intended, the principal needs to address the agent directly in their own words. The principal is even advised to put some thoughts into how they expect the agent to act.
Statutes: UPAA
Authority: (U.C.A. 1953 § 75-9-201)
Signing requirements: (U.C.A. 1953 § 75-9-105)
Download: Microsoft Word (.docx)
Medical Power of Attorney
A Utah medical power of attorney form permits you to select someone else who can make health decisions on your behalf. It comes in handy, especially if you can’t voice your wishes or are incapacitated. The document may also be found under versions like:
- Utah Advance Healthcare Directive
- Utah Healthcare Power of Attorney
The Utah medical power of attorney form is controlled by Chapter 2A of the Advance Healthcare Directive Act, in Title 75, the Utah Uniform Probate Code. While executing the medical power of attorney form, you may consider implementing the Utah financial power of attorney.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
The Utah minor (child) power of attorney form is a legal document allowing parents to temporarily delegate certain powers to trusted relatives or friends to care for their children effectively. Powers granted to the agent are valid for only six-twelve months.
If there’s a need to extend this period, the principal needs to provide some extra papers to the agent. The second sheet must then be attached to the main document. Note that the document can, however, be revoked at any moment by writing. While there are no signing requirements for this one, the documents must be signed in the presence of a notary public. Applicable laws can be found at § 75-5-103. This agreement can be cancelled at any time using the revocation document.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
The Utah real estate power of attorney form is a legal form that the owner of real property needs to fill out. It helps the principal select an agent who will be responsible for carrying out significant directions for their real estate properties.
The POA gives the agent written authority to act on the property owner but exclusively on their real estate. Since this POA restricts the extent of the agent’s authority on behalf of the property owner, they have to act exclusively.
Therefore, the agent’s authority on the property will depend on whether it’s allowed by the principal. Also, the principal reserves the right to revoke this POA with a written notice.
Statutes: UPAA (Uniform Power of Attorney).
Signing requirements: The principal must sign the agreement in the presence of the notary public (U.C.A 1953 § 75-9-105).
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
The Utah revocation of power of attorney form is the lawful way to revoke previous delegations of authority to an agent as per Section 75-5-306. The principal, mentioned in the papers is the only one who is allowed to file such agreement.
While, for the most part, this form will contain revocation language, some basic information will be required from the principal. After completion, the document should be duly issued to involved agents, successor agents, and other involved bodies. While there are no specific signing requirements, it will help to have the document notarized.
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form TC-737)
The Utah tax power of attorney form is a crucial legal document, especially if you want to employ an attorney or professional tax accountant who will represent your interests before the Utah Tax Commission. This POA will need to be approved by the involved entity for the representation to work as you’d expect.
However, you will have ultimate control over what the chosen agent can do in your name. For example, these delegations of authority are typically used to approve an agent’s ability to access tax documents or file other papers on behalf of the principal.
You will also find this document in another variation; Utah State Commission Power of Attorney and Declaration of Representative. Again, the signing requirements include the agent and taxpayer only.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney
The Utah vehicle power of attorney form gives authority to agents who will take on the vehicle owner’s administrative chores. This appointment covers issues involving motor vehicles. Essentially, this is to say if the principal needs anything else outside vehicle-related administrative roles or they need the agent to exercise their powers in other areas, they need to seek another POA document.
The good thing is that papers involved in delegating the non-durable, durable, and limited powers of the principal to the selected agent and can be customized to incorporate the authority the principal will confer on the agent. Besides that, the signing requirements for a vehicle power of attorney include only a notary public.
Download: Microsoft Word (.docx)
Advance Health Care Directive
The advance health care directive in Utah allows the principal to name a suitable agent to handle and communicate health care wishes on their behalf through a power of attorney form. It comes in handy if the principal is not in the position to speak for themselves, often due to incapacitation.
This advanced health care directive permits the principal’s treatment preferences in the final stages of their life to be outlined. A copy of this POA form is stored with the agent, family members, and the primary care physician as soon as it is signed.
Statue: Advance Health Care Directive Act (§75-2a)
Signing requirements: One disinterested witness (§75-2a-103(2))
State definition: This act defines the designation of an agent to decide on behalf of an adult who can’t communicate health care decisions; or an expression of preferences in their health care decisions. It may take one of the following forms, a witnessed oral statement, made in accordance with the requirements of this chapter, or a written document executed by the witness voluntarily and in accordance with the requirements of this chapter.
Download: Microsoft Word (.docx)
Springing Power of Attorney
The Utah springing power of attorney form allows an agent to make crucial decisions about your property on your behalf. The agent will choose whether or not you can act for yourself. They will act in your property’s best interest, including your money.
You must select an agent you trust. The agent’s authority will continue until you revoke the POA or die or if the agent is no longer in a position to work for you. Note that this POA doesn’t authorize your agent to make health decisions on your behalf.
Download: Microsoft Word (.docx)
Governing Laws (Durable Power of Attorney)
In Utah, an ordinary power of attorney expires immediately the principal is incapacitated, for instance, (if the principal is in a coma or under anesthesia). However, when a power of attorney is durable, the agent will continue to maintain authority and act on behalf of the principal even if the principal is incapacitated.
Durable POA is often used to prepare for circumstances that will require critical decisions to be made, and the principal is not capable of making such decisions. However, it’s crucial to note that all POA forms, including the durable POA, end when the principal passes away. That means the agent will no longer have authority from then henceforth. Therefore, if the principal wants to make plans for their property after death, they’ll have to make a will, testament, or trust.
More importantly, as the principal, you can decide the powers of your agent and what decisions they can make on your behalf. There are different POA forms, and each covers a specific part of the principal’s life. The most common POAs include a medical and financial power of attorney in Utah.
Creating a durable power of attorney may feel unnecessary or uncomfortable, mainly if you are in perfect health. However, being prepared ahead of time will ensure all the critical decisions are on someone you trust completely.
Downloable Forms
Utah Power of Attorney Requirements
For the POA to be legally binding, the UUPAA (Utah Uniform Power of Attorney Act) requires that the powers of attorney must meet the following requirements:
- The contact and name of the principal and agent.
- Crystal clear and specific language elaborately describes what powers are granted to the agent.
- The time the agent will have the capabilities and when it will end.
- The exact date of execution
- The agent’s and principal’s signatures.
Additionally, the principal must acknowledge the document in front of a notary public. You should also understand if you don’t include an end date, the POA will be presumed durable. That means your attorney will still be active even when you are incapacitated.
How to Get Power of Attorney in Utah?
To effectively set up a power of attorney in Utah, you will need both the agent’s and the principal’s signature. Both parties will also have to fill out a POA form. Additionally, a power of attorney in Utah must be created following the UUPAA (Utah Uniform Power of Attorney Act).
But if you want a Utah medical power of attorney that allows an agent to make crucial healthcare decisions in your place, the POA must comply with the Utah Uniform Probate Code. In addition, the forms need to meet the Utah state requirements.
Does the power of attorney need to be notarized, witnessed, or recorded in Utah?
The power of attorney restrictions and guidelines tend to be different per state. However, the documents must be signed by a notary public in Utah. Therefore, power of attorney forms in Utah be signed by a notary and filed within your specific county.
Key Takeaways
- The person assigned the power is called the ‘agent’ while the person relinquishing their legal authority on a particular matter is the ‘principal.’
- The power of attorney in Utah must be created by the UUPAA (Utah Uniform Power of Attorney Act).
- In Utah, an ordinary power of attorney expires immediately the principal is incapacitated.
- Minor (child) power of attorney powers granted to the agent is valid for only six-twelve months.
- You must be the principal identified in the power of attorney document to issue revocation of power of attorney.
