The Utah durable power of attorney is a legal document that allows you to choose someone, known as an agent, to manage your financial affairs if you cannot do so due to illness or incapacity. The term “durable” means that the form remains effective even if you become incapacitated. This differs from a regular power of attorney, which typically ends if you can no longer decide for yourself.
The document must adhere to state-specific guidelines to ensure the durable POA is legally binding in Utah. It must list the agent and outline the scope of the powers granted. You, the principal, need to sign the document, and having it notarized is usually necessary to add a layer of legal validity.
Moreover, Utah allows you to specify conditions under which the POA will activate immediately upon signing or only upon certain events, such as a medical doctor declaring you incapacitated. This flexibility helps tailor the durable power of attorney to your needs and circumstances. By the way, FormsPal offers a variety of Utah POA forms for different legal requirements, from managing health care decisions to overseeing financial affairs.
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The Utah Code details the laws concerning the signing requirements and durability of a power of attorney. According to Section 75-9-104, a POA is considered durable unless it explicitly states that it will terminate if the principal becomes incapacitated. This ensures that the POA remains in effect even if the principal can no longer make decisions due to mental or physical incapacity.
Under Section 75-9-105, a POA must be signed by the principal or someone else in the principal’s conscious presence if directed by the principal. This signature must occur in front of a notary public or another authorized individual. There’s a presumption of genuineness for signatures acknowledged before a notary or authorized person.
Section 75-9-110 addresses the termination of the power of attorney or an agent’s authority. The POA ends upon the principal’s death, revocation of the document, or completion of its purpose, among other conditions. In Utah, the principal has the right to revoke or amend a power of attorney under certain conditions:
An agent’s authority also ceases under similar circumstances, such as the agent’s death or revocation by the principal. However, actions performed in good faith under the POA before knowledge of its termination are still binding.
| Document Name | Utah Durable Power of Attorney Form |
| Other Names | Utah Financial Durable Power of Attorney, UT DPOA |
| Relevant Laws | Utah Code, Section 75-9-105 |
| Signing Requirements | Notary Public |
| Avg. Time to Fill Out | 10 minutes |
| # of Fillable Fields | 37 |
| Available Formats | Adobe PDF |
Popular Local Durable POA Forms
Durable POA documents are used in each and every state. Take a look at other popular DPOA forms frequently filled out by Americans.
Filling out a durable power of attorney form in Utah involves several steps to ensure it is legally valid and accurately reflects your intentions. The process demands careful attention to detail to avoid any potential legal issues in the future.
Start by selecting your agent, the person you trust to handle your affairs. Complete the section labeled “Designation of Agent” by entering the person you appoint’s name, address, and telephone number.
If you want to appoint successor agents who will take over if your primary agent is unable to serve, fill out the sections for successor agents. Provide their names, addresses, and telephone numbers in the designated areas.
Decide which powers you want to grant your agent. You must initialize next to each power listed under “Grant of General Authority” that you wish to include, or you can give broad powers by initializing “All Preceding Subjects.” For more sensitive powers listed under “Grant of Specific Authority,” initially only those you want to grant. These include making gifts, changing survivorship rights, and handling certain trusts and beneficiary designations.
For actions that could significantly affect your property or its disposition upon your death, you must explicitly grant permission by initialing next to each specific authority you wish to confer to your agent. This section includes powers such as making gifts, changing beneficiary designations, etc.
Use the “Special Instructions” section to provide any specific limitations or additional powers not already covered. It could include when the POA will become effective, if not immediately.
If you want to nominate someone to be a conservator of your estate or guardian of your person if court intervention is necessary, fill out the sections titled “Nomination of Conservator or Guardian,” including their contact details.
To legally execute the document, sign and date the form at the end under “Signature and Acknowledgment” in the presence of a notary public. The notary will verify your identity and sign the document as well.
After notarization, provide copies of the executed power of attorney to your agents, successor agents, and any financial institutions or entities needing it, such as banks or medical facilities.
