Free Utah Durable Power of Attorney Form

A Utah durable power of attorney is a legal document that lets you name someone you trust, called an agent, to manage your financial affairs. Utah's power of attorney statute makes the document durable by default, so it stays in effect if you become incapacitated, unless it expressly says otherwise.[1.1] A standard, non-durable power of attorney ends once you can no longer make your own decisions.

You, the principal, must sign the paperwork yourself, or direct someone else to sign your name in your conscious presence, before a notary public or another person authorized to take acknowledgments.[1.2] The completed template must also name your agent and describe the powers you are granting.

Utah lets you choose whether the power of attorney takes effect right away or only once a specific event happens, such as a doctor certifying that you cannot manage your own affairs. This flexibility helps you tailor the paperwork to your circumstances.

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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Utah law. If you notice an error or outdated information, please contact us.

Utah Signing Requirements and Laws

Utah's power of attorney statute makes every power of attorney durable by default.[1.1] It stays in effect even if you become incapacitated, unless the document itself says your incapacity ends it.

"A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal."

Utah Code § 75A-2-104

You, the principal, must sign the power of attorney yourself, or direct another person to sign your name in your conscious presence.[1.2] The signature must be made before a notary public or another person authorized by law to take acknowledgments.[1.2] You must also have sufficient mental capacity at the time to understand that you are appointing an agent to handle your financial affairs.[1.2]

A signature on the power of attorney is presumed genuine if you acknowledge it before a notary public or another individual authorized to take acknowledgments.[1.2]

If you reside or are about to reside in a hospital, assisted living, skilled nursing, or similar care facility when you sign, you may not name its owner, operator, health care provider, or employee as your agent.[1.2] Utah law allows a narrow exception when the agent is your spouse, legal guardian, or next of kin, or when the agent's authority is limited to helping you qualify for Medicaid.[1.2]

This power of attorney takes effect as soon as you sign it, unless the document states that it takes effect on a future date or event, such as a doctor certifying that you are incapacitated.[1.4]

Except as another law provides otherwise, a photocopy or an electronically transmitted copy of your original power of attorney has the same legal effect as the original.[1.3]

Utah law also offers an optional statutory form power of attorney.[1.6] You are not required to use it. FormsPal's builder creates a separate, ready-to-sign Utah durable power of attorney template you can use instead, covering subjects such as real property, bank accounts, and business operations.

A power of attorney terminates when any of the following happens:[1.5]

  • You die.
  • You revoke the power of attorney.
  • Its stated purpose is accomplished.
  • The document itself provides that it terminates.
  • If the power of attorney is not durable, you become incapacitated, unless the agent or other person acting on it has no actual knowledge of the incapacity and continues in good faith.

You may revoke or amend the power of attorney using any method the document itself sets out, if the document says that method is the only one you can use.[1.5]

  • If the document names a method and says it is the only one you can use, you must follow that method.
  • If the document does not name a method, or does not make its method exclusive, you may revoke or amend it by any other means that clearly and convincingly shows your intent.

A few other rules affect how termination works:[1.5]

  • If your agent is married to you, the agent's authority ends once an action for dissolution, annulment, or legal separation is filed, unless the power of attorney says otherwise.
  • Signing a new power of attorney does not cancel an earlier one unless the new document says the earlier power of attorney, or all other powers of attorney, are revoked.
  • Ending or suspending the power of attorney, or your agent's authority, does not affect an agent or other person acting in good faith without actual knowledge or notice of that termination.

Utah Durable Power of Attorney Form Details

Document Name Utah Durable Power of Attorney Form
Other Names Utah Financial Durable Power of Attorney, UT DPOA
Relevant Laws Utah Code §§ 75A-2-104 to 75A-2-301
Signing Requirements Notary Public
Avg. Time to Fill Out 10 minutes
# of Fillable Fields 37
Available Formats Adobe PDF

Does a POA Need to Be Notarized in Utah?

Yes. Utah law requires that a power of attorney be signed before a notary public or another individual authorized by law to take acknowledgments.[1.2] Without that notarized signature, the document does not meet Utah's signing requirements.

Can You Get a Power of Attorney for Someone With Schizophrenia?

Yes, if the person has sufficient mental capacity when the power of attorney is signed. Utah law requires that the principal understand, at the time of signing, that they are appointing an agent to handle their financial affairs.[1.2] A schizophrenia diagnosis alone does not prevent someone from signing a power of attorney. What matters is their capacity to understand the document at the moment they execute it.

Steps to Complete the Form

Follow the numbered steps below to complete your Utah durable power of attorney using the fillable PDF. Each step matches a section of the form, in the order they appear.

  1. Identify yourself and your agent. On page 1, fill in your name and address, then your agent's name and address.
  2. Initial the powers you grant. On page 2, initial each power you want to give your agent from the list, or initial the single "all preceding subjects" line to grant them all.
  3. Review the special instructions clauses. Page 2 includes four preprinted special instructions clauses. Read them. There are no blanks to fill in.
  4. Choose the effective date. On page 3, initial one of the three effective date options. If you choose the stated date option, fill in that date.
  5. Name a successor agent. On page 4, fill in your successor agent's name and address. If you name a co-agent, check the form's rule for how co-agents must act together.
  6. Sign and date the form. On page 4, fill in the day, month, and year, then sign and print your name.
  7. Sign before a notary in the acknowledgment. On page 5, fill in the county, then sign before a notary public, who completes the rest of the acknowledgment.

After notarization, give copies of the executed power of attorney to your agent, any successor agent, and any bank or medical facility that needs it.

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This page is general information about Utah durable power of attorneys, not legal advice. For advice on your situation, talk to a Utah attorney.

Sources

  1. Utah Code §§ 75A-2-104 to 75A-2-301.
    • 1.1 § 75A-2-104
    • 1.2 § 75A-2-105
    • 1.3 § 75A-2-106
    • 1.4 § 75A-2-109
    • 1.5 § 75A-2-110
    • 1.6 § 75A-2-301
Published: Aug 12, 2024