Utah Power of Attorney Form

What is a Utah Power of Attorney Form?

A Utah Power of Attorney Form serves as a legal instrument allowing an individual to designate another person to manage their affairs. The person granting authority functions as the principal, while the individual receiving the powers acts as the agent or attorney-in-fact. This document primarily ensures the continuity of financial or medical management if the principal becomes unavailable or incapacitated. Utah law governs the creation, validity, and scope of these agreements to protect the interests of all involved parties.

Legal Statutes and Regulations

Utah operates under specific statutory frameworks that dictate how powers of attorney function, requiring strict adherence to ensure enforceability:

• Uniform Power of Attorney Act - Establishes the comprehensive rules for financial powers of attorney, including the creation, validity, and termination of the authority (Utah Code § 75-9-101 et seq.).
• Advance Health Care Directive Act - Governs the appointment of a healthcare agent and the creation of living wills regarding medical treatment (Utah Code § 75-2a-101 et seq.).
• Delegation of Powers by Parent or Guardian - Permits a parent or guardian to delegate powers regarding the care of a minor child or incapacitated person for a period not exceeding six months (Utah Code § 75-5-103).
• Notary Public Act - Defines the requirements for notarial acts necessary to validate signatures on financial power of attorney documents (Utah Code § 46-1-1 et seq.).

Types of Utah Power of Attorney Form

Residents of Utah utilize different variations of this document depending on the specific powers they wish to delegate and the duration of the authority:

• General Power of Attorney - Grants the agent broad authority to handle financial and legal matters on behalf of the principal but typically terminates if the principal becomes incapacitated.
• Durable Power of Attorney - Includes specific language stating that the agent's authority remains in effect even if the principal becomes mentally incapacitated or disabled.
• Limited Power of Attorney - Restricts the agent's authority to specific transactions or a set period, such as handling a real estate closing or managing a business while the principal travels.
• Medical Power of Attorney - Designates an agent to make healthcare decisions for the principal when they cannot communicate their own wishes, often created as part of an Advance Health Care Directive.
• Minor Child Power of Attorney - Allows a parent to temporarily delegate parental authority regarding education and medical care for a child to another adult for up to six months.

Required Elements for Validity

To establish a legally binding Utah Power of Attorney Form, the document must meet specific criteria outlined in state statutes:

• Mental Capacity - The principal must understand the nature and consequences of the document at the time of signing (Utah Code § 75-9-105).
• Written Format - The delegation of authority must be in writing to be recognized by courts and third parties.
• Notarization - Financial powers of attorney require the principal's signature to be acknowledged before a notary public to be presumed genuine (Utah Code § 75-9-105).
• Witness Requirements - Advance Health Care Directives generally require signature in the presence of a disinterested witness to validate the document (Utah Code § 75-2a-107).

How to Execute a Utah Power of Attorney

Completing this legal process involves several distinct steps to ensure the document functions as intended:

1. Step 1: Selection of Agent - Choose a trustworthy individual, typically a spouse, close relative, or professional fiduciary, who understands the responsibilities involved.
2. Step 2: Determine Scope of Authority - Decide whether the agent should have broad general powers or specific limited powers regarding assets, healthcare, or real estate.
3. Step 3: Drafting the Document - Utilize the statutory form provided in the Utah Code or a custom document drafted to meet specific legal needs.
4. Step 4: Signing and Notarization - The principal must sign the document in the presence of a notary public for financial powers, or a witness for medical directives.
5. Step 5: Distribution of Copies - Provide copies of the executed document to the agent, financial institutions, healthcare providers, and other relevant third parties.

Agent Responsibilities and Duties

An agent appointed under a Utah Power of Attorney Form accepts a fiduciary role, which imposes strict legal and ethical obligations:

• Duty of Loyalty - The agent must act solely in the principal's best interest and avoid conflicts of interest (Utah Code § 75-9-114).
• Record Keeping - Accurate records of all transactions, receipts, and disbursements made on behalf of the principal must be maintained.
• Competence and Diligence - The agent must perform their duties with the care, competence, and diligence ordinarily exercised by agents in similar circumstances.
• Cooperation with Healthcare Agent - A financial agent must cooperate with a person who has authority to make healthcare decisions for the principal to carry out the principal's reasonable expectations.

Revocation of Authority

A principal retains the right to revoke a Power of Attorney at any time, provided they maintain the mental capacity to do so. Revocation typically occurs through the execution of a new Power of Attorney that expressly revokes prior instruments or through a written revocation notice delivered to the agent and relevant third parties. Under Utah law, the authority of a spouse acting as an agent terminates automatically upon the filing of an action for divorce or annulment, unless the Power of Attorney document specifically states otherwise.