Types

Advance Health Care Directive – Any individual who wishes to designate a health care agent who will act on their behalf in circumstances where there cannot do so themselves must create this document, and ensure it meets the provision set out by the Advance Health Care Directive Act.

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Durable (Statutory) Power of Attorney – From the time a Durable POA is put into effect, its validity will not be impacted by the principal’s death or incapacity.

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General (Financial) Power of Attorney – A POA of a conditional nature in that it will cease to be valid if the principal becomes incapacitated or dies at any point after its creation.

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Limited (Special) Power of Attorney – Special circumstances in which a POA is required should be written down in a Limited Power of Attorney document.

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Minor Child Power of Attorney – Establishes a legal basis for a parent or guardian to entrust the care of their child or children for a certain period of time to another trusted party.

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Motor Vehicle (DMV) Power of Attorney – A limited POA that a motor vehicle owner files with the DMV so that they can be granted the authority to elect another party to act on their behalf in matters linked to their motor vehicle ownership.

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Real Estate (Property) Power of Attorney – A legal document comprising of terms relevant any real estate power of attorney arrangements—whether regarding the buying, selling, refinancing, or management of a property.

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Revocation of Power of Attorney – So long as they are mentally-competent, a principal may revoke a power of attorney by completing this legal document.

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State Tax Filing Power of Attorney (Form TC-737) – Utah State Tax Commission has issued a Power of Attorney and Declaration of Representation, otherwise known as Form TC-737, which provides taxpayers with the option to appoint one or more representatives to act as their attorney-in-fact in the tax-related affairs they make known in this document.

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What is a Utah Power of Attorney?

A Utah Power of Attorney (POA) grants a party called the Agent the required authority to act on the Principal’s behalf so that they can effectively fulfill the expectations and terms the Principal has set out within this form. Utah’s Power of Attorney laws are all contained within one title, referred to as the Uniform Probate Act. A number of Acts relevant to POA arrangements are found within the title, namely, the Advance Health Care Directive Act; Uniform Transfers to Minors Act; Uniform Power of Attorney Act; Uniform Powers of Appointment Act; and Uniform Fiduciary Access to Digital Assets Act.

• Utah Power of Attorney Laws – (Title 75, Chapter 9, “Uniform Power of Attorney Act”) and (Title 75, Chapter 2a, “Advance Health Care Directive Act”)
• State Definition of Power of Attorney (§ 75-9-102(7)) – “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.”
• State Definition of Advance Health Care Directive (§ 75-2a-103(2)) – “(a) includes: (i) a designation of an agent to make health care decisions for an adult when the adult cannot make or communicate health care decisions; or (ii) an expression of preferences about health care decisions; (b) may take one of the following forms: (i) a written document, voluntarily executed by an adult in accordance with the requirements of this chapter; or (ii) a witnessed oral statement, made in accordance with the requirements of this chapter; and (c) does not include a life with dignity order.”
• Signing Requirements
  • General / Durable Power of Attorney (§ 75-9-105) – The Principal needs to sign the form before a Notary Public or another individual authorized by the law to take acknowledgments. The Principal is allowed to direct another person to sign their name, but the signing needs to happen in their conscious presence.
  • Advance Health Care Directive / Medical Power of Attorney (§ 75-2a-107(1)(c)) – The Advance Directive must be witnessed by a disinterested adult.

When is it Effective?

In order for a General / Durable Power of Attorney to be effective, § 75-9-105 states that it must be signed by the Principal (or by another individual they direct to sign their name in their conscious presence) before a Notary Public. If the Principal can find another individual authorized by the law to take acknowledgments, they may also sign before this individual.

For an Advance Health Care Directive / Medical Power of Attorney, state law, specifically § 75-2a-107(1)(c)), requires that it is witnessed by a disinterested adult. This law also states that if the Principal resides or is about to reside in a hospital, assisted living, skilled nursing, or similar facility, at the time of execution of the POA, they must not name any Agent who is “the owner, operator, health care provider, or employee of the hospital, assisted living facility, skilled nursing, or similar residential care facility.”

The exception to this is if the Agent’s authority is restricted to helping the Principal with to qualify for Medicaid. Another exception is if the Agent is the Principal’s spouse, legal guardian, or next of kin.

The law does not specify any particular signing for a Revocation of Power of Attorney nor for a Minor Child Power of Attorney (a Power of Attorney that is governed by a separate set of laws, Title 75, Chapter 5, Protection Of Persons Under Disability And Their Property).

Sample Template