MAKE YOUR FREE Utah Power of Attorney
What is a Utah Power of Attorney?
The individual giving control is known as the "principal," while the people or entities gaining powers are called the "agents." Suitable for residents of Utah, this Power of Attorney is made for use in Davis County, Salt Lake County, Utah County, and in any other part of the state. All Utah Power of Attorney forms from Rocket Lawyer can be edited for your particular situation. As a result of having this essential legal document, your representative(s) can offer confirmation to financial institutions and other parties that they can legally sign documents or take other actions for you.
When to use an Utah Power of Attorney:
- You wish to give someone broad authorization to act for you if you are absent or incapable.
- You wish to give someone power to handle certain financial or legal issues in your absence or if you become ill.
- You wish to authorize someone to act on your behalf if case you become legally incompetent or incapacitated.
Sample Utah Power of Attorney
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STATUTORY FORM POWER OF ATTORNEY
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 Title 75, Chapter 9, Uniform Power of Attorney Act.
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.
DESIGNATION OF AGENT
I, , residing at , , , name the following person(s) as my agent:
Name of Agent:
Agent's Address: , ,
Agent's Telephone Number:
N/A
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 Title 75, Chapter 9, Uniform Power of Attorney Act:
| [ ] | Real Property |
| [ ] | Tangible Personal Property |
| [ ] | Stocks and Bonds |
| [ ] | Commodities and Options |
| [ ] | Banks and Other Financial Institutions |
| [ ] | Operation of Entity or Business |
| [ ] | Insurance and Annuities |
| [ ] | Estates, Trusts, and Other Beneficial Interests |
| [ ] | Claims and Litigation |
| [ ] | Personal and Family Maintenance |
| [ ] | Benefits from Governmental Programs or Civil or Military Service |
| [ ] | Retirement Plans |
| [ ] | Taxes |
| [ ] | All Preceding Subjects |
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:
| [ ] | Create, amend, revoke, or terminate an inter vivos trust. |
| [ ] | Make a gift, subject to the limitations of Utah Code § 75-9-217, and any special instructions in this power of attorney. |
| [ ] | Create or change rights of survivorship. |
| [ ] | Create or change a beneficiary designation. |
| [ ] | Authorize another person to exercise the authority granted under this power of attorney. |
| [ ] | Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan. |
| [ ] | Exercise fiduciary powers that the principal has authority to delegate. |
| [ ] | Disclaim or refuse an interest in property, including a power of appointment. |
LIMITATIONS 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.
SPECIAL INSTRUCTIONS
Effective Date.
Compensation of Agent.
My agent shall provide an accounting for all funds handled and all acts performed as my agent as required under state law or upon my request or the request of any authorized personal representative, fiduciary or court of record acting on my behalf.
EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.
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.
INTERPRETATION AND GOVERNING LAW
This instrument is to be construed and interpreted as a power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers herein granted to my agent. This instrument is executed and delivered in the State of Utah, and the laws of the State of Utah shall govern all questions as to the validity of this power and the construction of its provisions.
SIGNATURE AND ACKNOWLEDGMENT
IN WITNESS WHEREOF, I have hereto set my hand and seal the ______ of _______, ______.
__________________________________
, Principal
STATE OF ,
COUNTY OF , ss:
The foregoing instrument was acknowledged before me this _____ of ________, ______, by , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the foregoing instrument as principal.
_________________________________
Notary Signature and Seal
This document was prepared by:
__________________________
IMPORTANT INFORMATION FOR THE 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) 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) 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 Chapter 1A, Title 26, Code of Alabama 1975. If you violate the Uniform Power of Attorney Act 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.
Utah Power of Attorney FAQs
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Can I get a Utah Power of Attorney template online?
It's fast and easy to give or receive the support you might need using a free Utah Power of Attorney template from Rocket Lawyer:
- Make the document - Answer a few general questions and we will do the rest
- Send or share it - Look over it with your agent(s) or seek legal advice
- Sign it and make it legal - Required or not, notarization and witnesses are recommended
This method will often end up being notably less expensive than finding and working with a traditional provider. If necessary, you can fill out this PoA on behalf of a family member, and then have that person sign when ready. Please remember that for this document to be considered valid, the principal must be a mentally competent adult when they sign. In the event that the principal has already been declared incompetent, a court-appointed conservatorship might be necessary. When facing this situation, it would be a good idea to speak with an attorney .
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Why should I have a Utah PoA?
Every person over 18 years old should have a Power of Attorney. Although it may be painful to acknowledge, there could come a time when you are not able to make legal decisions on your own. There may also be times when you are simply not available. Typical circumstances in which you may consider power of attorney to be helpful include:
- You are aging or have limited mobility or declining health
- You are currently living out of state or abroad
- You wish to authorize a trusted person to take legal actions or make decisions on your behalf if you are legally incapacitated or absent
- You have plans to move out of your home and into a residential care facility
Regardless of whether your Utah Power of Attorney is being prepared as part of a forward-looking plan or produced as a result of an urgent issue, witnesses and/or notarization can often help to protect your agent if a third party disputes their power and authority.
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Which type of Power of Attorney do I need in Utah?
There are a few ways to classify Power of Attorney documents. They are mainly dependent on when the powers will come into effect, how long they will remain valid, and what they will grant authority over. Frequently, you may see them described in the four groups below:
- Springing Power of Attorney - Comes into effect based on certain events or criteria
- Durable Power of Attorney - Remains in effect even when you become incapacitated or mentally incompetent
- Special Power of Attorney - Grants a limited scope of authority over specified affairs
- General Power of Attorney - Grants broad authority over your affairs
When creating your free Utah Power of Attorney, you can elect to have the power start immediately upon signing, on a selected date, or only at the point when you are no longer capable. Your Power of Attorney may terminate upon your death or on a specific date.
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Should I work with an attorney for my Utah PoA?
Utah Power of Attorney forms are generally simple to make, but you or your agent could need advice. Hiring someone to look over your Power of Attorney could take longer than you would expect on your own. An alternate approach could be via the Rocket Lawyer attorney network. Rocket Lawyer Premium members have the ability to request guidance from an experienced lawyer or ask other legal questions. As always, you can Live Confidently® with Rocket Lawyer by your side.
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On average, what would it normally cost me to get a Power of Attorney form in Utah?
The cost of hiring and working with a legal provider to generate a Power of Attorney could total anywhere between $200 and $500, based on your location. When you use Rocket Lawyer, you are not just filling out a Power of Attorney template. In case you ever require assistance from a lawyer, your membership provides up to a 40% discount when you hire an Rocket Lawyer network attorney.
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Will I have to do anything else after drafting a Utah Power of Attorney?
With a Rocket Lawyer membership, you can make edits, save it as a Word document or PDF file, and/or print it. To turn this PoA into a true legal document, you need to sign it. Your agent(s), financial institutions, and other impacted parties should receive a copy of the final document.
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Does a Power of Attorney need to be notarized, witnessed, or recorded in Utah?
The guidelines and restrictions for PoA forms will be different by state; however, in Utah, your document must be signed by a notary public. If your agent(s) will handle real estate transactions, the Power of Attorney will need to be signed by a notary and recorded or filed with your county.
See Utah Power of Attorney law: Title 75, Ch. 9
