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Utah Power of Attorney Template

Choose someone to act in financial matters on your behalf by executing a power of attorney (POA). FindLaw’s guided process means you can complete your own POA quickly and easily.

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Do I really need a power of attorney in Utah?

You need a power of attorney if you want someone else to have the legal authority to act on your behalf and make decisions for you. A power of attorney can ensure that your bills are paid and your property is cared for when you cannot care for yourself.

If you do not have a power of attorney, a court may intervene and appoint someone to make decisions. The court process can take time and cost money, and it can cause unneeded stress for your family and loved ones.

FindLaw provides an easy-to-use service where you can create your own power of attorney quickly and securely. Download a free Utah Power of Attorney Template in PDF format on this page. This sample legal document can be saved and printed.

Written by:

Jocelyn Mackie, J.D.

Contributing Author

Bridget_Molitor_image

Reviewed by:

Bridget Molitor, J.D.

Managing Editor

Utah power of attorney options to fit your needs

Power of Attorney

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A do-it-yourself power of attorney form that’s easy to personalize

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Last will and testament
Health care directive
Power of attorney
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How it works

The process takes less than an hour, and you can complete it from the comfort of your home

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time

Gather information

Indicate who your agent will be and what authority you want them to have

Complete your document

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary

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How to get a Utah power of attorney

Understand how a POA works in Utah

power of attorney is a legal document. It allows a person (the principal) to give somebody else (the agent or attorney-in-fact) the power to act on the principal’s behalf. When your agent acts on your behalf under a power of attorney, their actions and decisions will be legally binding on you.

In Utah, powers of attorney can be used to give your agent authority to handle your financial matters. However, if you want someone to act as your agent for health care decisions, you will need an advance health care directive, which we offer here.

 

Choose your agents

The most important quality of an agent is trustworthiness. An agent under a power of attorney will be accessing your money or property, so you should pick someone who will not take advantage of their authority.

Your agent under your power of attorney also should be smart with money and comfortable filling out forms, reading documents, and dealing with banks.

You can choose two or more people to be co-agents to serve at the same time under your power of attorney. They will be able to act independently unless your power of attorney states they must act jointly. In most cases, you should avoid appointing co-agents because multiple agents can create confusion and delay when dealing with banks and other businesses.

Co-agents are different from successor agents. You should have successor agents for your power of attorney. A successor agent will take the place of your original agent if the original agent is unavailable or unable to act.

Decide how much authority to give your agents

You can give your agent broad or limited powers to act for you. When planning for your incapacity, you should consider giving your agent the flexibility to act when unforeseen circumstances arise. If you limit their powers too much, the limitations may keep them from making decisions that could benefit you.

Find a good form

Make sure you are using a form that complies with Utah’s laws. We offer up-to-date power of attorney forms that follow Utah’s estate planning laws.

Utah’s statutes also contain forms for a power of attorney.

Execute the form with the correct number of witnesses

You must sign your power of attorney before a notary public or another person authorized by law to take acknowledgments. If you are physically unable to sign, you can direct another person in your presence to sign it in your name.

Deliver your completed form to the right people

After your form is executed, you need to give it to everyone who will need it. You should give your power of attorney to your agent and may want to give it to banks and businesses your agent will deal with. Finally, you can give copies to trusted family and friends.

You may want to speak with a lawyer if:

  • You don’t know who to choose as your agent
  • You want to use a POA for Medicaid planning
  • You want to discuss which powers you should give your agent
  • You want legal review of your completed power of attorney
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Frequently asked questions about powers of attorney in Utah

There are several types of powers of attorney in Utah. You should be aware of the following types:

Durable power of attorney

A durable power of attorney is the type you will want if you are planning for your incapacity. A durable power of attorney remains effective when the principal is incapacitated. Under Utah’s Uniform Power of Attorney Act, incapacity means the principal’s inability to manage property or business affairs because of any of the following:

  • The principal has an impairment in the ability to understand information or make or communicate decisions
  • The principal is missing
  • The principal is detained or in prison
  • The principal is outside the United State and unable to return

In Utah, a power of attorney is durable unless it states it is terminated by the principal’s incapacity.

Nondurable power of attorney

A nondurable power of attorney terminates when the principal becomes incapacitated. If you want a nondurable power of attorney, it must state that is terminated by your incapacity.

Springing power of attorney

A springing power of attorney is effective at a future date or when a specific event happens. If you want a springing power of attorney, it must state what the future date or event is and be clear that it is not effective until then.

A common future event is the incapacity of the principal, but many attorneys recommend against using a springing power of attorney that only becomes effective when you are incapacitated because it is difficult for agents to prove incapacity to other people.

Limited power of attorney

A limited power of attorney gives limited authority to an agent to perform one act or handle one type of transaction. For example, you could give a power of attorney to a financial advisor to manage investments or to a trusted person to manage property or sell real estate for you if you are out of the country.

You should not use a limited power of attorney when planning for incapacity because your agent should have broad and flexible authority to pay bills, access accounts, and care for your property in case you are incapacitated for a long time or unexpected circumstances arise.

Hiring a lawyer is not necessary for creating a power of attorney. If you follow the above steps for getting a power of attorney, you can make one yourself.

If you have questions about your form, you can ask an attorney licensed in Utah to review it for you before you sign it. If you have concerns or legal questions about the powers to give your agent or whom to choose as your agent, you can seek legal advice from an attorney.

When you create a power of attorney, you can list a method for revoking it and revoke it that way. However, it probably is not wise to limit the ways you can revoke it.

If you do not list a specific method, you can revoke it in any way that clearly shows you intend to revoke it. It is a good idea to sign a written revocation and to have it notarized. You should give the revocation to your agent and copies to businesses or people your agent dealt with and all your banks and financial institutions.

In Utah, a business can reject your power of attorney if they have a legitimate reason. For example, they can reject your agent’s request to do business on your behalf if they would not be required to do business with you directly or if they know your agent’s authority has been terminated.

If your agent tries to use your power of attorney to do something on your behalf, a business or person can ask your agent to produce one of the following:

  • A sworn certification concerning any fact about you, your agent, or your power of attorney
  • A translation if your power of attorney is not in English
  • An attorney’s opinion about any legal issues related to the power of attorney

If your agent fails to respond to a request for any of these documents, the person or business may legally reject the power of attorney. If somebody rejects your power of attorney without a legitimate reason, you or your agent can ask a court to order them to accept the power of attorney and to pay legal fees and costs.

You can follow the above steps to help your elderly parents get a power of attorney. Before you help them get a form, you should talk to them to find out what their wishes are. You also must be sure they are competent to fill out a form and understand what they are signing.

If they do not understand what they are signing, do not help them fill out a form because they must be competent for the completed document to be legal. You should speak with an attorney licensed in Utah about getting a court to appoint you or another trusted adult as your parents’ guardian.

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