Design and create a comprehensive Utah Power of Attorney (POA) tailored to your needs and state’s requirements with the help of step-by-step guidance and expert customizable forms.
Last Update September 3rd, 2022
- Types of Power of Attorney in Utah
- How to Get a Power of Attorney in Utah
- Utah Power of Attorney Requirements
- Utah Power of Attorney Sample
- FAQs About Utah Power of Attorney Forms
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Types of Power of Attorney in Utah
The most common kinds of POA available in UT include the following examples:
Durable: Durable (Statutory) Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
Limited: A Limited Power of Attorney lets a Principal grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
Vehicle (DMV): A Vehicle Power of Attorney (or DMV POA) gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
Springing: A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.
Minor (Child) Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Utah’s tax office.
How to Get a Power of Attorney in Utah
AUtah Power of Attorney can be filled in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.
Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.
Also, some pre-prepared forms for Vehicle POAs can be obtained directly from a Utah DMV site. However, it is recommended to seek the help of an attorney in order to fill the document properly.
Utah Power of Attorney Requirements
There are a few important things you need to know before signing a Utah POA. Firstly, you must make sure all the parties involved are legally fit to sign contracts.
To be considered competent to sign a contract, parties must:
Be over 18 years of age
Show they are mentally competent
Demonstrably understand the powers being granted
If you choose a financial institution as an Agent, they must have trust powers and a registered office in Utah.
Also, there are set rules in place in UT which police how a completed Power of Attorney must be signed and put into action. Utah law dictates in this case that:
The Principal and Agent must both sign the document.
Your signature must be acknowledged by a notary public.
If the Agent(s) will manage real estate for the principal, the form must be registered with the local clerk of the county where the property is situatedwithin 30 days of signing. A UT Real Estate POA must also be notarized.
Utah legislature (§75-9-101) accepted the Universal Power of Attorney Act (UPOAA) in 2016. This means you can use your Power of Attorney in other states that have also adopted this act. Make sure the wording on your document also follows the guidelines of the UPOAA. Read more about UT Power of Attorneys in the Utah code.
Utah Power of Attorney Sample
Creating and putting a Power of Attorney into action in Utah is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document. Our sample UT Power of Attorney below can help you understand the details included in this legal arrangement a little better.
FAQs About Utah Power of Attorney Forms
It is important to have a good understanding of what Utah Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.
What is a Durable (Statutory) Power of Attorney??
A Durable (Statutory) Power of Attorney contains the wording that represents the legal standard of these legal instruments in Utah. Once completed and signed, this document allows an Agent to manage a Principal's healthcare or financial affairs after any period of incapacity.
How to Revoke a Power of Attorney in Utah?
If a Principal wishes to revokea Utah Power of Attorney they can do so themselves at any time. They must inform the Agent in writing of their intention to terminate the POA and fill in a revocation form. This is also known as a revocation of power of attorney form.
Principals should also contact any people or institutions who hold certified copies of the document and tell them it has been revoked.
However, if you wish to remove an Attorney-in-Fact’s powers after a Principal has become incapacitated, the process is a little trickier. You may instead need to take the matter to court, where a judge can appoint conservatorship to a trustworthy party.
Who Should Be Your Utah POA Agent?
When choosing the right Agent for your Utah POA, it is essential to pick a person (or people) that you trust implicitly.
By granting Power of Attorney to someone, you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know that will take the actions that serve these interests best.