The Utah Power of Attorney produces a legal understanding to distribute one person’s fundamental controls to another nominated party for a scheduled period. The granted powers that an issuing declarant disperses can cover several different areas and are to be contracted with the corresponding form. An advance directive contributes a comprehensive arrangement to designate an attorney-in-fact to make health care decisions on behalf of the principal in the event that they should be unable because of sustained unconsciousness. The directive further allows the declarant an opportunity to create a framework of their preferences to guide their prescribed medical treatment. There are several contracts to individually cater to the granting of rights regarding financial holdings. A durable agreement will distribute permissions that will continue to be instated even after a principal becomes incapacitated. In contrast, the general and limited variations of a power of attorney will assign an expiration date for the accord. Once the specified agency is permitted utilizing a form, annulment of the gained rights can be performed with revocation of power of attorney, effectively dissolving the agent’s endowed authority.
Laws
Statutes – Utah Code – Uniform Power of Attorney Act (§ 75-9)
Definition – “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used (§ 75-9-102(7)).
Signing Requirements – Notary presence and confirmation of endorsement is required at the time of the form’s execution (§ 75-9-105(1))
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Incorporates a living will and medical power of attorney to prepare an outline of desired end-of-life treatment options for an individual.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement of the form’s execution demands the presence of a disinterested witness to corroborate its completion (§ 75-2A-107(c)).
Durable (Financial) Power of Attorney – Presents a contractual transmission of controls to another with a provision instating endurance past the point of the grantor’s incapacitation.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by notary required.
General (Financial) Power of Attorney – Contracts the arrangement for a person to endow privileges to another to make decisions and take action regarding their financial matters.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement must be received with the aid of a notary public to verify the endorsement of the form.
Limited (Special) Power of Attorney – Issues a finite amount of powers from a principal party to a specified agent.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement from a professional notary necessary to create legal standing.
Minor Child Power of Attorney – Denotes lawful application of permitted parental/guardianship rights to a third party.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement from an actively licensed notary professional must be acquired at the moment of endorsement.
Motor Vehicle Power of Attorney – Endorses for another to receive attained permissions to speak, sign, and act on behalf of an owner in regard to their vehicle.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by notarization is not required by law but is suggested.
Real Estate Power of Attorney – Provides an allocation of approved property ownership rights to a third party.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment from a notary is necessitated for adequate finalization.
Revocation of Power of Attorney – Can aid in negating a previously permitted power of attorney agreement.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement can be properly obtained with the help of a notary public.
Tax Power of Attorney – Distinguishes an alternate individual to speak and act on behalf of the principal concerning the subject of state taxes.
Download: PDF
Signing Requirements: Acknowledgement by a notary is not required.