Power of Attorney Form Utah: General Financial POA

Utah General Power of Attorney Form Details

The FormsPal power of attorney form Utah offers for general use is a fillable PDF with 41 fields, also known as a Utah financial power of attorney. The table shows the basics. To compare other types, such as the Utah limited power of attorney, see all Utah power of attorney forms or browse every POA form on FormsPal.

Utah General Power of Attorney Requirements

Utah's power of attorney statute sets two conditions for signing a general power of attorney. The principal may sign it, or may direct another individual in the principal's conscious presence to sign the principal's name, only if both conditions are met.^[1.1]

• The document is signed before a notary public or another individual authorized by law to take acknowledgments.
• The principal has enough mental capacity at the time of signing to understand that the principal is appointing an agent to handle the principal's financial affairs.

The notary matters for a second reason. A signature on a power of attorney is presumed to be genuine when the principal acknowledges it. The acknowledgment is made before a notary public or another individual authorized by law to take acknowledgments.^[1.1]

Ending a Utah General Power of Attorney

Utah law lists the events that end a power of attorney. Some happen on their own and some need the principal to act. A power of attorney that is not durable also ends if the principal becomes incapacitated.^[1.4]

• The principal dies.
• The principal revokes the power of attorney.
• The power of attorney provides that it terminates.
• The purpose of the power of attorney is accomplished.^[1.5]

Revoking a Utah General Power of Attorney

The principal may revoke or amend a power of attorney in one of two ways.^[1.4]

• By substantial compliance with a method provided in the terms of the power of attorney, when the terms expressly exclude all other methods.
• By any other method showing clear and convincing evidence of the principal's intent, when the terms provide no method or do not make their method exclusive.

Agent Authority, Incapacity and Good-Faith Acts

An agent's authority also ends when someone files an action for the dissolution or annulment of the agent's marriage to the principal. Filing for their legal separation has the same effect. The power of attorney may provide otherwise.^[1.4]

Ending a power of attorney does not bind an agent or another person who acts in good faith under it without actual knowledge of the termination. The same is true for the incapacity of the principal of a power of attorney that is not durable.^[1.4]

In practice, tell your bank and other institutions in writing when you revoke the document. FormsPal also offers a power of attorney revocation form for putting the revocation in writing.

Filling Out Utah General (Financial) POA Form

This power of attorney form Utah users complete is a five-page form with 41 fillable fields. The steps below follow the form from page 1 to page 5 and name each part as it appears in the template. You can complete the PDF with the FormsPal PDF editor.

The screenshots under each step show the FormsPal Utah general power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Principal and agent (page 1). Enter your name and address, then your agent's name and address, in the opening paragraph.

   

2. Initial the powers (A) to (K) (page 2). Initial next to each power you grant to your agent. Leave a line blank to withhold that power.

   

3. Powers (L) to (N) (page 2). Initial (L) for retirement plan matters and (M) for tax matters, or initial (N) to grant all the listed powers. The Special Instructions are preprinted, so there is nothing to fill in there.

   

4. Effective date (page 3). Initial one option. Choose immediate effect, or enter the day, month and year you want the power to start.

   

5. Termination: written revocation (page 3). The termination lines say to initial one. Initial this line to end the power when you sign a written revocation.

   

6. Termination: set date or incapacity (page 3). Or initial the line that ends the power on a date, and enter the date and year. A further line ends it on the incapacity defined just below it.

   

7. Successor attorney-in-fact (page 4). Enter your agent's name, then the alternate agent's name and address.

   

8. Signed this day and signature (page 4). Enter the day, month and year, sign, and print your name. The acknowledgment that follows is on page 5.

   

9. Acknowledgment: State of Utah (page 5). Enter the county, the date, the name and title of the officer, and your name. The notary or other officer completes this block when you sign.

   

10. Officer's signature and seal (page 5). The notary or other officer signs the Signature line and adds the seal.

    

How to Sign and Use the Utah General Power of Attorney

After the last field of the power of attorney form Utah residents print is filled in, the document still has to be signed before a notary, copied and stored. Follow the steps below in order. Your agent will need to show the document to banks and other third parties, so a clean, complete copy saves time later.

1. Print the finished document and check the names, dates and initials once more.
2. Sign the document before a notary public or another individual authorized by law to take acknowledgments.^[1.1]
3. Make copies. A photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original, except as another law provides.^[1.2] Give copies to your agent and to the institutions that will deal with your agent.
4. Keep the original in a safe place, such as a fireproof box, and tell your agent where it is.
5. To change or end the document later, follow the rules in the Ending a Utah General Power of Attorney section above.

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Frequently Asked Questions

When does a Utah general power of attorney take effect?

A power of attorney is effective when it is signed. The principal can instead provide in the document that it becomes effective at a future date or on a future event or contingency.^[1.3] The template's Effective Date part on page 3 is where you choose.

How does an agent accept the appointment in Utah?

A person accepts appointment as an agent by exercising authority or performing duties as an agent. Any other assertion or conduct indicating acceptance also counts. The power of attorney can say otherwise.^[1.6]

Can the owner or staff of my care facility be my agent in Utah?

Not in most cases. Suppose the principal lives, or is about to live, in a hospital, assisted living, skilled nursing or similar residential care facility when the document is signed. Then the principal may not name the facility's owner, operator, health care provider or employee as agent. There are two exceptions.^[1.1]

• The agent is the principal's spouse, legal guardian or next of kin.
• The agent's authority is strictly limited to helping the principal establish eligibility for Medicaid.

General information, not legal or tax advice.

Sources

1. Utah Code §§ 75A-2-105 to 75A-2-113.
   • 1.1 § 75A-2-105
   • 1.2 § 75A-2-106
   • 1.3 § 75A-2-109
   • 1.4 § 75A-2-110
   • 1.5 § 75A-2-110(1)
   • 1.6 § 75A-2-113

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.