Utah Power of Attorney Forms
The Utah Power of Attorney Forms are multi-use legal documents used for give a trusted individual the power(s) to act on another’s behalf regarding business and/or personal matters. The forms generally come in durable or non-durable format, the latter being more common for one-time and/or less important tasks.
The form is commonly used to:
- Give a family or friend the right to speak to doctors on your behalf (when you can’t yourself);
- Give a professional the right to handle one (1) or more specialized matters on your behalf (to file taxes, for example); or
- Delegate task(s) to someone else due to you not being able to complete it (or because you don’t have the time).
Advance Health Care Directive – A dual-purpose form that can be used for assigning a health care representative (agent) and/or setting one’s end-of-life treatment preferences.
Durable Power of Attorney – A document specifically meant for assigning a representative regarding financial matters (real estate, bank accounts, possessions, and so on). Like a medical POA, it DOES NOT terminate if the principal becomes incapacitated.
General (Financial) Power of Attorney – Very similar to the durable POA for finances, with the exception that it terminates if the principal can’t communicate with those around him/her.
Limited (Special) Power of Attorney – Used for establishing a selected agent’s power(s) over very specific topics. The most customizable POA (can be used for essentially anything other than medical matters).
Minor Child Power of Attorney – Allows a parent or parents a means of establishing a temporary guardian over their child/children. Can be revoked anytime by the parent(s) or guardian(s).
Motor Vehicle (DMV) Power of Attorney – Required to be completed and provided to the DMV in order to allow another person to transfer a title or register a vehicle.
Laws & Signing Requirements
- Utah Power of Attorney Laws – Title 75, Chapter 9 and Title 75, Chapter 2a
- 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) – Notarized.
- Advance Health Care Directive / Medical Power of Attorney (§ 75-2a-107(1)(c)) – Signed by one (1) witness.