Utah Power of Attorney Requirements
Utah has enacted the Uniform Power of Attorney Act, now codified in Utah Code Title 75A, Chapter 2 after a 2024 renumbering. This page covers how a power of attorney is executed in Utah.
Utah requirements
- Utah Code Section 75A-2-105 lets the principal sign, or direct another individual in the principal's conscious presence to sign the principal's name, if the power of attorney is signed before a notary public or another individual authorized by law to take acknowledgments.
- The same section adds a capacity element: the principal must have sufficient mental capacity at the time of execution to understand that an agent is being appointed to handle the principal's financial affairs.
- A signature is presumed genuine when the principal acknowledges it before a notary public or another individual authorized by law to take acknowledgments.
- Utah restricts who can be named. If the principal lives or is about to live in a hospital, assisted living, skilled nursing or similar facility, the owner, operator, health care provider or employee of that facility cannot be the agent unless that person is the principal's spouse, legal guardian or next of kin, or the authority is strictly limited to establishing Medicaid eligibility.
- Durability is the default. Section 75A-2-104 says a power of attorney created under the chapter is durable unless it expressly provides that it terminates on the incapacity of the principal.
- Utah publishes a statutory form power of attorney at Section 75A-2-301. Our template is a general-purpose alternative to that form. The chapter was renumbered from Title 75, Chapter 9 in 2024, so check the current section numbers on the Utah Legislature site.
Frequently asked questions
Does a Utah power of attorney have to be notarized?
Section 75A-2-105 requires the document to be signed before a notary public or another individual authorized by law to take acknowledgments, and acknowledging the signature also creates a presumption that the signature is genuine.
Is a Utah power of attorney durable by default?
Yes. Section 75A-2-104 makes a power of attorney created under the chapter durable unless the document expressly says it terminates on the principal incapacity.
Official sources
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