Utah Power of Attorney Form Create an Utah Power of Attorney Form

Utah Power of Attorney Form

Published Jan 02, 2026
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A Utah Power of Attorney Form is a legal instrument designating an agent to manage financial or medical affairs on behalf of a principal under state law.

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Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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UTAH POWER OF ATTORNEY FORM

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act, Utah Code Title 75, Chapter 9.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney, or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

I. DESIGNATION OF AGENT

I, the Principal, name the following person as my agent:

Name of Principal:

Address of Principal:

Name of Agent:

Address of Agent:

II. DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

III. GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act, Utah Code Title 75, Chapter 9.

(Check the boxes of the subjects you want to include in the agent’s general authority. If you wish to grant general authority over all of the subjects you may check "All Preceding Subjects" instead of checking each subject.)

IV. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. Initial ONLY the specific authority you WANT to give your agent.)

V. LIMITATION ON AGENT’S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

VI. SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

VII. EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

VIII. NOMINATION OF CONSERVATOR (OPTIONAL)

IX. RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

X. SIGNATURE AND ACKNOWLEDGMENT

Principal

Signature: _________________________

Print Name: _______________

Date:

Address: _______________

IMPORTANT INFORMATION FOR AGENT

Agent’s Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

  1. Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;
  2. Act in good faith;
  3. Do nothing beyond the authority granted in this power of attorney; and
  4. Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (Principal’s Name) by (Your Signature) as Agent.

Unless the Special Instructions in this power of attorney state otherwise, you must also:

  1. Act loyally for the principal’s benefit;
  2. Avoid conflicts that would impair your ability to act in the principal’s best interest;
  3. Act with care, competence, and diligence;
  4. Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
  5. Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and
  6. Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.

Termination of Agent’s Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

  1. Death of the principal;
  2. The principal’s revocation of the power of attorney or your authority;
  3. The occurrence of a termination event stated in the power of attorney;
  4. The purpose of the power of attorney is fully accomplished; or
  5. If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act, Utah Code Title 75, Chapter 9. If you violate the Uniform Power of Attorney Act, Utah Code Title 75, Chapter 9, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

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.

Recording is generally not required for the document to be valid between the principal and agent. Recording with the County Recorder's Office becomes necessary only if the agent uses the document to handle real estate transactions, such as buying or selling property.
Utah law explicitly prohibits an agent from creating, amending, revoking, or terminating the principal's will. The agent generally cannot change beneficiary designations unless the Power of Attorney document specifically grants that authority.
A Durable Power of Attorney typically becomes effective immediately upon signing unless it contains specific "springing" language. A springing power of attorney only becomes effective upon the occurrence of a specific event, such as the certification of the principal's incapacity by a physician.
All authority granted under a Power of Attorney terminates immediately upon the death of the principal. Control of the principal's assets then transfers to the executor or personal representative named in the will or appointed by the probate court.
A competent principal always retains the right to make their own decisions and can override the agent at any time. The appointment of an agent does not strip the principal of their legal rights to manage their own affairs as long as they have the capacity to do so.
State law does not require a lawyer to draft or finalize the document. Individuals often use the statutory forms provided in the Utah Code, though legal counsel helps ensure complex estates or specific limitations are handled correctly.

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