Utah Code
Page 1
Effective 5/10/2016
Chapter 9
Uniform Power of Attorney Act
Part 1
General Provisions
Repealed 9/1/2024
75-9-101 Title.
This chapter is known as the "Uniform Power of Attorney Act."
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-102 Definitions.
In this chapter:
(1) "Agent" means a person granted authority to act for a principal under a power of attorney,
whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original
agent, coagent, successor agent, and person to which an agent's authority is delegated.
(2) "Durable," with respect to a power of attorney, means not terminated by the principal's
incapacity.
(3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
(4) "Good faith" means honesty in fact.
(5) "Incapacity" means the inability of an individual to manage property or business affairs because
the individual:
(a) has an impairment in the ability to receive and evaluate information or make or communicate
decisions even with the use of technological assistance; or
(b) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited
liability company, association, joint venture, public corporation, government or governmental
subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7) "Power of attorney" 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.
(8) "Presently exercisable general power of appointment," with respect to property or a property
interest subject to a power of appointment, means power exercisable at the time in question
to vest absolute ownership in the principal individually, the principal's estate, the principal's
creditors, or the creditors of the principal's estate. The term includes a power of appointment
not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable
standard, or the passage of a specified period only after the occurrence of the specified event,
the satisfaction of the ascertainable standard, or the passage of the specified period. The term
does not include a power exercisable in a fiduciary capacity or only by will.
(9) "Principal" means an individual who grants authority to an agent in a power of attorney.
Utah Code
Page 2
(10) "Property" means anything that may be the subject of ownership, whether real or personal, or
legal or equitable, or any interest or right therein.
(11) "Record" means information that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.
(12) "Sign" means, with present intent to authenticate or adopt a record:
(a) to execute or adopt a tangible symbol; or
(b) to attach to or logically associate with the record an electronic sound, symbol, or process.
(13) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the
United States.
(14) "Stocks and bonds" means stocks, bonds, mutual funds, and all other types of securities and
financial instruments, whether held directly, indirectly, or in any other manner. The term does
not include commodity futures contracts and call or put options on stocks or stock indexes.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-103 Applicability.
This chapter applies to all powers of attorney except:
(1) a power to the extent it is coupled with an interest in the subject of the power, including a power
given to or for the benefit of a creditor in connection with a credit transaction;
(2) a power to make health care decisions;
(3) a proxy or other delegation to exercise voting rights or management rights with respect to an
entity; and
(4) a power created on a form prescribed by a government or governmental subdivision, agency, or
instrumentality for a governmental purpose.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-104 Power of attorney is durable.
A power of attorney created under this chapter is durable unless it expressly provides that it is
terminated by the incapacity of the principal.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-105 Execution of power of attorney.
(1) A power of attorney shall be signed by the principal or in the principal's conscious presence by
another individual directed by the principal to sign the principal's name on the power of attorney
before a notary public or other individual authorized by the law to take acknowledgments. A
signature on a power of attorney is presumed to be genuine if the principal acknowledges the
signature before a notary public or other individual authorized by law to take acknowledgments.
(2) 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 power of attorney, the principal may not name any
agent that is the owner, operator, health care provider, or employee of the hospital, assisted
living facility, skilled nursing, or similar residential care facility unless the agent is the spouse,
Utah Code
Page 3
legal guardian, or next of kin of the principal, or unless the agent's authority is strictly limited to
the purpose of assisting the principal to establish eligibility for Medicaid.
(3) A violation of Subsection (2) is a violation of Section 76-5-111.4.
Amended by Chapter 430, 2022 General Session
Renumbered 9/1/2024
75-9-106 Validity of power of attorney.
(1) A power of attorney executed in this state on or after May 10, 2016, is valid if its execution
complies with Section 75-9-105.
(2) A power of attorney executed in this state before May 10, 2016, is valid if its execution complied
with the law of this state as it existed at the time of execution.
(3) A power of attorney executed other than in this state is valid in this state if, when the power of
attorney was executed, the execution complied with:
(a) the law of the jurisdiction that determines the meaning and effect of the power of attorney
pursuant to Section 75-9-107; or
(b) the requirements for a military power of attorney pursuant to 10 U.S.C. Sec. 1044b.
(4) Except as otherwise provided by statute other than this chapter, a photocopy or electronically
transmitted copy of an original power of attorney has the same effect as the original. For
transactions involving real property, the copy of the power of attorney may be recorded in the
county where the transaction lies when attached to an affidavit of the person accepting the
power of attorney.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-107 Meaning and effect of power of attorney.
The meaning and effect of a power of attorney is determined by the law of the jurisdiction
indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of
the jurisdiction in which the power of attorney was executed.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-108 Nomination of conservator or guardian -- Adequacy of power of attorney --
Relation of agent to conservator or other fiduciary.
(1) In a power of attorney, a principal may nominate a conservator of the principal's estate or a
guardian of the principal's person for consideration by the court if protective proceedings for the
principal's estate or person are begun after the principal executes the power of attorney.
(2) If a principal executes a power of attorney and a petition is filed to appoint a conservator of the
principal's estate, the court shall consider whether:
(a) the provisions in the power of attorney are adequate to manage and protect the principal's
estate without appointing a conservator; or
(b) the appointment of a conservator is necessary to manage and protect the principal's estate.
(3) If the court appoints a conservator of the principal's estate or a guardian of the principal's
person, the court shall appoint a conservator or a guardian in accordance with the principal's
most recent nomination unless there is good cause shown or disqualification.
Utah Code
Page 4
(4) If, after a principal executes a power of attorney, the court determines that an appointment of a
conservator or other fiduciary is necessary to manage and protect some or all of the principal's
estate:
(a) the agent named in the principal's power of attorney is accountable to the conservator or
other fiduciary as well as the principal; and
(b) the power of attorney is not terminated and the agent's authority continues unless limited,
suspended, or terminated by the court.
Amended by Chapter 138, 2022 General Session
Renumbered 9/1/2024
75-9-109 When power of attorney is effective.
(1) A power of attorney is effective when executed unless the principal provides in the power of
attorney that it becomes effective at a future date or upon the occurrence of a future event or
contingency.
(2) If a power of attorney becomes effective upon the occurrence of a future event or contingency,
the principal, in the power of attorney, may authorize one or more persons to determine in a
writing or other record that the event or contingency has occurred.
(3) If a power of attorney becomes effective upon the principal's incapacity and the principal has
not authorized a person to determine whether the principal is incapacitated, or the person
authorized is unable or unwilling to make the determination, the power of attorney becomes
effective upon a determination in a writing or other record by:
(a) a physician that the principal is incapacitated within the meaning of Subsection 75-9-102(5)
(a); or
(b) an attorney at law, a judge, or an appropriate governmental official that the principal is
incapacitated within the meaning of Subsection 75-9-102(5)(b).
(4) A person authorized by the principal in the power of attorney to determine that the principal
is incapacitated may act as the principal's personal representative pursuant to the Health
Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security
Act, 42 U.S.C. Sec. 1320d, and applicable regulations, to obtain access to the principal's health
care information and communicate with the principal's health care provider.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-110 Termination of power of attorney or agent's authority.
(1) A power of attorney terminates when:
(a) the principal dies;
(b) the principal becomes incapacitated, if the power of attorney is not durable;
(c) the principal revokes the power of attorney;
(d) the power of attorney provides that it terminates;
(e) the purpose of the power of attorney is accomplished; or
(f) the principal revokes the agent's authority or the agent dies, becomes incapacitated, or
resigns, and the power of attorney does not provide for another agent to act under the power
of attorney.
(2) An agent's authority terminates when:
(a) the principal revokes the authority;
(b) the agent dies, becomes incapacitated, or resigns;
Utah Code
Page 5
(c) an action is filed for the dissolution or annulment of the agent's marriage to the principal or
their legal separation, unless the power of attorney otherwise provides; or
(d) the power of attorney terminates.
(3) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the
authority terminates under Subsection (2), notwithstanding a lapse of time since the execution
of the power of attorney.
(4) Termination of an agent's authority or of a power of attorney is not effective as to the agent or
another person that, without actual knowledge of the termination, acts in good faith under the
power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the
principal and the principal's successors in interest.
(5) Incapacity of the principal of a power of attorney that is not durable does not revoke or
terminate the power of attorney as to an agent or other person that, without actual knowledge
of the incapacity, acts in good faith under the power of attorney. An act so performed, unless
otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(6) The execution of a power of attorney does not revoke a power of attorney previously executed
by the principal unless the subsequent power of attorney provides that the previous power of
attorney is revoked or that all other powers of attorney are revoked.
(7) The principal may revoke or amend a power of attorney:
(a) by substantial compliance with a method provided in the terms of the power of attorney that
expressly excludes all other methods for amending or revoking the power of attorney; or
(b) if the terms of the power of attorney do not provide a method or the method provided in the
terms is not expressly made exclusive, by any other method manifesting clear and convincing
evidence of the principal's intent.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-111 Coagents and successor agents.
(1) A principal may designate two or more persons to act as coagents. Unless the power of
attorney otherwise provides, each coagent may exercise its authority independently.
(2) A principal may designate one or more successor agents to act if an agent resigns, dies,
becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant
authority to designate one or more successor agents to an agent or other person designated by
name, office, or function. Unless the power of attorney otherwise provides, a successor agent:
(a) has the same authority as that granted to the original agent; and
(b) may not act until all predecessor agents have resigned, died, become incapacitated, are no
longer qualified to serve, or have declined to serve.
(3) Except as otherwise provided in the power of attorney and Subsection (4), an agent that does
not participate in or conceal a breach of fiduciary duty committed by another agent, including a
predecessor agent, is not liable for the actions of the other agent.
(4) An agent that has accepted appointment and that has actual knowledge of a breach or
imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal
is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the
principal's best interest. An agent that fails to notify the principal or take action as required by
this subsection is liable for the reasonably foreseeable damages that could have been avoided
if the agent had notified the principal or taken action.
Enacted by Chapter 256, 2016 General Session
Utah Code
Page 6
Renumbered 9/1/2024
75-9-112 Reimbursement and compensation of agent.
Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of
expenses reasonably incurred on behalf of the principal and to compensation that is reasonable
under the circumstances.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-113 Agent's acceptance.
Except as otherwise provided in the power of attorney, a person accepts appointment as an
agent under a power of attorney by exercising authority or performing duties as an agent or by any
other assertion or conduct indicating acceptance.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-114 Agent's duties.
(1) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment
shall:
(a) act in accordance with the principal's reasonable expectations to the extent actually known by
the agent and, otherwise, in the principal's best interest;
(b) act in good faith;
(c) act only within the scope of authority granted in the power of attorney; and
(d) comply with the terms of the power of attorney.
(2) Except as otherwise provided in the power of attorney or other provision of this chapter, an
agent that has accepted appointment shall have no further obligation to act under the power of
attorney. However, with respect to any action taken by the agent under the power of attorney,
the agent shall:
(a) act loyally for the principal's benefit;
(b) act so as not to create a conflict of interest that impairs the agent's ability to act impartially in
the principal's best interest;
(c) act with the care, competence, and diligence ordinarily exercised by agents in similar
circumstances;
(d) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
(e) cooperate with a person that has authority to make health care decisions for the principal to
carry out the principal's reasonable expectations to the extent actually known by the agent
and, otherwise, act in the principal's best interest; and
(f) attempt to preserve the principal's estate plan, to the extent actually known by the agent, if
preserving the plan is consistent with the principal's best interest based on all relevant factors,
including:
(i) the value and nature of the principal's property;
(ii) the principal's foreseeable obligations and need for maintenance;
(iii) minimization of taxes, including income, estate, inheritance, generation-skipping transfer,
and gift taxes; and
(iv) eligibility for a benefit, a program, or assistance under a statute, rule, or regulation.
Utah Code
Page 7
(3) An agent that acts in good faith is not liable to any beneficiary of the principal's estate plan for
failure to preserve the plan.
(4) An agent that acts with care, competence, and diligence for the best interest of the principal is
not liable solely because the agent also benefits from the act or has an individual or conflicting
interest in relation to the property or affairs of the principal.
(5) If an agent is selected by the principal because of special skills or expertise possessed by the
agent or in reliance on the agent's representation that the agent has special skills or expertise,
the special skills or expertise shall be considered in determining whether the agent has acted
with care, competence, and diligence under the circumstances.
(6) Absent a breach of duty to the principal, an agent is not liable if the value of the principal's
property declines.
(7) An agent that exercises authority to delegate to another person the authority granted by the
principal or that engages another person on behalf of the principal is not liable for an act, error
of judgment, or default of that person if the agent exercises care, competence, and diligence in
selecting and monitoring the person.
(8) Except as otherwise provided in the power of attorney, an agent is not required to disclose
receipts, disbursements, or transactions conducted on behalf of the principal unless ordered
by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for
the principal, a governmental agency having authority to protect the welfare of the principal,
an interested person as defined in Subsection 75-1-201(24) after the principal's incapacity, or
upon the death of the principal, by the personal representative or successor in interest of the
principal's estate. If so requested, within 30 days the agent shall comply with the request or
provide a writing or other record substantiating why additional time is needed and shall comply
with the request within an additional 30 days.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-115 Exoneration of agent.
A provision in a power of attorney relieving an agent of liability for breach of duty is binding on
the principal and the principal's successors in interest except to the extent the provision:
(1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive,
or with reckless indifference to the purposes of the power of attorney or the best interest of the
principal; or
(2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-116 Judicial relief.
(1) The following persons may petition a court to construe a power of attorney or review the agent's
conduct and grant appropriate relief:
(a) the principal or the agent;
(b) a guardian, conservator, or other fiduciary acting for the principal;
(c) a person authorized to make health care decisions for the principal;
(d) the principal's spouse, parent, or descendant;
(e) an individual who would qualify as a presumptive heir of the principal;
Utah Code
Page 8
(f) a person named as a beneficiary to receive any property, benefit, or contractual right on
the principal's death or as a beneficiary of a trust created by or for the principal that has a
financial interest in the principal's estate;
(g) a governmental agency having regulatory authority to protect the welfare of the principal;
(h) the principal's caregiver or another person that demonstrates sufficient interest in the
principal's welfare; and
(i) a person asked to accept the power of attorney.
(2) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless
the court finds that the principal lacks capacity to revoke the agent's authority or the power of
attorney.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-117 Agent's liability.
An agent that violates this chapter is liable to the principal or the principal's successors in
interest for the amount required to:
(1) restore the value of the principal's property to what it would have been had the violation not
occurred; and
(2) reimburse the principal or the principal's successors in interest for the attorney fees and costs
paid on the agent's behalf.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-118 Agent's resignation -- Notice.
Unless the power of attorney provides a different method for an agent's resignation, an agent
may resign by giving notice to the principal and, if the principal is incapacitated:
(1) to the guardian, if one has been appointed for the principal, and a coagent or successor agent;
or
(2) if there is no person described in Subsection (1), to:
(a) the principal's caregiver;
(b) another person reasonably believed by the agent to have sufficient interest in the principal's
welfare; or
(c) a governmental agency having authority to protect the welfare of the principal.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-119 Acceptance of and reliance upon acknowledged power of attorney.
(1) For purposes of this section and Section 75-9-120, "acknowledged" means purportedly verified
before a notary public or other individual authorized to take acknowledgements.
(2) A person that in good faith accepts an acknowledged power of attorney without actual
knowledge that the signature is not genuine may rely upon the presumption under Section
75-9-105 that the signature is genuine.
(3) A person that in good faith accepts an acknowledged power of attorney without actual
knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's
authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising
Utah Code
Page 9
the agent's authority may rely upon the power of attorney as if the power of attorney were
genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and
the agent had not exceeded and had properly exercised the authority.
(4) A person that is asked to accept an acknowledged power of attorney may request, and rely
upon, without further investigation:
(a) an agent's certification under penalty of perjury of any factual matter concerning the principal,
agent, or power of attorney;
(b) an English translation of the power of attorney if the power of attorney contains, in whole or in
part, language other than English; and
(c) an opinion of counsel as to any matter of law concerning the power of attorney if the person
making the request provides in a writing or other record the reason for the request.
(5) An English translation or an opinion of counsel requested under this section shall be provided
at the principal's expense unless the request is made more than seven business days after the
power of attorney is presented for acceptance.
(6) For purposes of this section and Section 75-9-120, a person that conducts activities through
employees is without actual knowledge of a fact relating to a power of attorney, a principal, or
an agent if the employee conducting the transaction involving the power of attorney is without
actual knowledge of the fact.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-120 Liability for Refusal to Accept Acknowledged Power of Attorney.
(1) Except as otherwise provided in Subsection (2):
(a) a person shall either accept an acknowledged power of attorney or request a certification,
a translation, or an opinion of counsel under Subsection 75-9-119(4) no later than seven
business days after presentation of the power of attorney for acceptance;
(b) if a person requests a certification, a translation, or an opinion of counsel under Subsection
75-9-119(4), the person shall accept the power of attorney no later than five business days
after receipt of the certification, translation, or opinion of counsel; and
(c) a person may not require an additional or different form of power of attorney for authority
granted in the power of attorney presented.
(2) A person is not required to accept an acknowledged power of attorney if:
(a) the person is not otherwise required to engage in a transaction with the principal in the same
circumstances;
(b) engaging in a transaction with the agent or the principal in the same circumstances would be
inconsistent with federal law;
(c) the person has actual knowledge of the termination of the agent's authority or of the power of
attorney before exercise of the power;
(d) a request for a certification, a translation, or an opinion of counsel under Subsection
75-9-119(4) is refused;
(e) the person in good faith believes that the power is not valid or that the agent does not have
the authority to perform the act requested, whether or not a certification, a translation, or an
opinion of counsel under Subsection 75-9-119(4) has been requested or provided; or
(f) the person makes, or has actual knowledge that another person has made, a report to the
Division of Aging and Adult Services stating a good faith belief that the principal may be
subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a
person acting for or with the agent.
Utah Code
Page 10
(3) A person that refuses in violation of this section to accept an acknowledged power of attorney is
subject to:
(a) a court order mandating acceptance of the power of attorney; and
(b) liability for reasonable attorney's fees and costs incurred in any action or proceeding that
confirms the validity of the power of attorney or mandates acceptance of the power of
attorney.
(4) Court proceedings under this section shall be conducted pursuant to the terms in the Uniform
Probate Code governing venue and procedures.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-121 Principles of law and equity.
Unless displaced by a provision of this chapter, the principles of law and equity supplement this
act.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-122 Laws applicable to financial institutions and entities.
This chapter does not supersede any other law applicable to financial institutions or other
entities, and the other law controls if inconsistent with this chapter.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-123 Remedies under other law.
The remedies under this chapter are not exclusive and do not abrogate any right or remedy
under the law of this state other than this chapter.
Enacted by Chapter 256, 2016 General Session
Part 2
Authority
Renumbered 9/1/2024
75-9-201 Authority that requires specific grant -- Grant of general authority.
(1) An agent under a power of attorney may do the following on behalf of the principal or with the
principal's property only if the power of attorney expressly grants the agent the authority, and
exercise of the authority is not otherwise prohibited by another agreement or instrument to
which the authority or property is subject:
(a) create, amend, revoke, or terminate an inter vivos trust;
(b) make a gift;
(c) create or change rights of survivorship;
(d) create or change a beneficiary designation;
(e) delegate authority granted under the power of attorney;
Utah Code
Page 11
(f) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a
survivor benefit under a retirement plan;
(g) exercise fiduciary powers that the principal has authority to delegate; or
(h) disclaim property or otherwise exercise a power of appointment.
(2) Notwithstanding a grant of authority to do an act described in Subsection (1), unless the power
of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the
principal may not exercise authority under a power of attorney to create in the agent, or in an
individual to whom the agent owes a legal obligation of support, an interest in the principal's
property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.
(3) Subject to Subsections (1), (2), (4), and (5), if a power of attorney grants to an agent authority
to do all acts that a principal could do, the agent has the general authority described in Sections
75-9-204 through 75-9-216.
(4) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to
Section 75-9-217.
(5) Subject to Subsections (1), (2), and (4), if the subjects over which authority is granted in a
power of attorney are similar or overlap, the broadest authority controls.
(6) Authority granted in a power of attorney is exercisable with respect to property that the principal
has when the power of attorney is executed or acquires later, whether or not the property is
located in this state and whether or not the authority is exercised or the power of attorney is
executed in this state.
(7) An act performed by an agent pursuant to a power of attorney has the same effect, inures
to the benefit of, and binds the principal and the principal's successors in interest as if the
principal had performed the act.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-202 Incorporation of authority.
(1) An agent has authority described in this part if the power of attorney refers to general authority
with respect to the descriptive term for the subjects stated in Sections 75-9-204 through
75-9-217 or cites the section in which the authority is described.
(2) A reference in a power of attorney to general authority with respect to the descriptive term for
a subject in Sections 75-9-204 through 75-9-217 or a citation to a section of Sections 75-9-204
through 75-9-217 incorporates the entire section as if it were set out in full in the power of
attorney.
(3) A principal may modify authority incorporated by reference.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-203 Construction of authority generally.
Except as otherwise provided in the power of attorney, by executing a power of attorney that
incorporates by reference a subject described in Sections 75-9-204 through 75-9-217 or that grants
to an agent authority to do all acts that a principal could do pursuant to Subsection 75-9-201(3), a
principal authorizes the agent, with respect to that subject, to:
(1) demand, receive, and obtain, by litigation or otherwise, money or another thing of value to
which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or
use anything so received or obtained for the purposes intended;
Utah Code
Page 12
(2) contract in any manner with any person, on terms agreeable to the agent, to accomplish a
purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or
modify the contract or another contract made by or on behalf of the principal;
(3) execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent
considers desirable to accomplish a purpose of a transaction, including creating at any time a
schedule listing some or all of the principal's property and attaching it to the power of attorney;
(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or
accept a compromise with respect to a claim existing in favor of or against the principal or
intervene in litigation relating to the claim;
(5) seek on the principal's behalf the assistance of a court or other governmental agency to carry
out an act authorized in the power of attorney;
(6) engage, compensate, and discharge an attorney, accountant, discretionary investment
manager, expert witness, or other advisor;
(7) prepare, execute, and file a record, report, or other document to safeguard or promote the
principal's interest under a statute or regulation;
(8) communicate with any representative or employee of a government or governmental
subdivision, agency, or instrumentality on behalf of the principal;
(9) access communications intended for, and communicate on behalf of the principal, whether by
mail, electronic transmission, telephone, or other means; and
(10) do any lawful act with respect to the subject and all property related to the subject.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-204 Real property.
Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to real property authorizes the agent to:
(1) demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or
otherwise acquire or reject an interest in real property or a right incident to real property;
(2)
(a) sell;
(b) exchange;
(c) convey with or without covenants, representations, or warranties;
(d) quitclaim;
(e) release;
(f) surrender;
(g) retain title for security;
(h) encumber;
(i) partition;
(j) consent to partitioning;
(k) subject to an easement or covenant;
(l) subdivide;
(m) apply for zoning or other governmental permits;
(n) plat or consent to platting;
(o) develop;
(p) grant an option concerning;
(q) lease;
(r) sublease;
Utah Code
Page 13
(s) contribute to an entity in exchange for an interest in that entity; or
(t) otherwise grant or dispose of an interest in real property or a right incident to real property;
(3) pledge or mortgage an interest in real property or right incident to real property as security to
borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt
guaranteed by the principal;
(4) release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust,
conditional sale contract, encumbrance, lien, or other claim to real property that exists or is
asserted;
(5) manage or conserve an interest in real property or a right incident to real property owned or
claimed to be owned by the principal, including:
(a) insuring against liability or casualty or other loss;
(b) obtaining or regaining possession of or protecting the interest or right by litigation or
otherwise;
(c) paying, assessing, compromising, or contesting taxes or assessments or applying for and
receiving refunds in connection with taxes or assessments; and
(d) purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real
property;
(6) use, develop, alter, replace, remove, erect, or install structures or other improvements upon
real property in or incident to which the principal has, or claims to have, an interest or right;
(7) participate in a reorganization with respect to real property or an entity that owns an interest in
or right incident to real property and receive, hold, and act with respect to stocks and bonds or
other property received in a plan of reorganization, including:
(a) selling or otherwise disposing of stocks and bonds;
(b) exercising or selling an option, right of conversion, or similar right with respect to stocks and
bonds; and
(c) exercising any voting rights in person or by proxy;
(8) change the form of title of an interest in or right incident to real property; and
(9) dedicate to public use, with or without consideration, easements or other real property in which
the principal has, or claims to have, an interest.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-205 Tangible personal property.
Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to tangible personal property authorizes the agent to:
(1) demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise
acquire or reject ownership or possession of tangible personal property or an interest in
tangible personal property;
(2) sell; exchange; convey with or without covenants, representations, or warranties; quitclaim;
release; surrender; create a security interest in; grant options concerning; lease; sublease; or
otherwise dispose of tangible personal property or an interest in tangible personal property;
(3) grant a security interest in tangible personal property or an interest in tangible personal property
as security to borrow money or pay, renew, or extend the time of payment of a debt of the
principal or a debt guaranteed by the principal;
(4) release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other
claim on behalf of the principal, with respect to tangible personal property or an interest in
tangible personal property;
Utah Code
Page 14
(5) manage or conserve tangible personal property or an interest in tangible personal property on
behalf of the principal, including:
(a) insuring against liability, casualty, or other loss;
(b) obtaining or regaining possession of or protecting the property or interest, by litigation or
otherwise;
(c) paying, assessing, compromising, or contesting taxes or assessments or applying for and
receiving refunds in connection with taxes or assessments;
(d) moving the property from place to place;
(e) storing the property for hire or on a gratuitous bailment; and
(f) using and making repairs, alterations, or improvements to the property; and
(6) change the form of title of an interest in tangible personal property.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-206 Stocks and bonds.
Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to stocks and bonds authorizes the agent to:
(1) buy, sell, and exchange stocks and bonds;
(2) establish, continue, modify, or terminate an account with respect to stocks and bonds;
(3) pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a
debt of the principal;
(4) receive certificates and other evidences of ownership with respect to stocks and bonds; and
(5) exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting
trusts, and consent to limitations on the right to vote.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-207 Commodities and options.
Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to commodities and options authorizes the agent to:
(1) buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put
options on stocks or stock indexes traded on a regulated option exchange; and
(2) establish, continue, modify, and terminate option accounts.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-208 Banks and other financial institutions.
Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to banks and other financial institutions authorizes the agent to:
(1) continue, modify, and terminate an account or other banking arrangement made by or on behalf
of the principal;
(2) establish, modify, and terminate an account or other banking arrangement with a bank, trust
company, savings and loan association, credit union, thrift company, brokerage firm, or other
financial institution selected by the agent;
Utah Code
Page 15
(3) contract for services available from a financial institution, including renting or closing a safe
deposit box or space in a vault;
(4) withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the
principal deposited with or left in the custody of a financial institution;
(5) receive statements of account, vouchers, notices, and similar documents from a financial
institution and act with respect to them;
(6) enter a safe deposit box or vault and withdraw or add to the contents;
(7) borrow money and pledge as security personal property of the principal necessary to borrow
money or pay, renew, or extend the time of payment of a debt of the principal or a debt
guaranteed by the principal;
(8) make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks,
drafts, and other negotiable or nonnegotiable paper of the principal or payable to the
principal or the principal's order, transfer money, receive the cash or other proceeds of those
transactions, and accept a draft drawn by a person upon the principal and pay it when due;
(9) receive for the principal and act upon a sight draft, warehouse receipt, or other document of title
whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(10) apply for, receive, and use letters of credit, credit and debit cards, electronic transaction
authorizations, and traveler's checks from a financial institution and give an indemnity or other
agreement in connection with letters of credit; and
(11) consent to an extension of the time of payment with respect to commercial paper or a financial
transaction with a financial institution.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-209 Operation of entity or business.
Subject to the terms of a document or an agreement governing an entity or an entity ownership
interest, and unless the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to operation of an entity or business authorizes the agent
to:
(1) operate, buy, sell, enlarge, reduce, or terminate an ownership interest;
(2) perform a duty or discharge a liability and exercise in person or by proxy a right, power,
privilege, or option that the principal has, may have, or claims to have;
(3) enforce the terms of an ownership agreement;
(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or
accept a compromise with respect to litigation to which the principal is a party because of an
ownership interest;
(5) exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or
option the principal has or claims to have as the holder of stocks and bonds;
(6) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or
accept a compromise with respect to litigation to which the principal is a party concerning
stocks and bonds;
(7) with respect to an entity or business owned solely by the principal:
(a) continue, modify, renegotiate, extend, and terminate a contract made by or on behalf of the
principal with respect to the entity or business before execution of the power of attorney;
(b) determine:
(i) the location of its operation;
(ii) the nature and extent of its business;
Utah Code
Page 16
(iii) the methods of manufacturing, selling, merchandising, financing, accounting, and
advertising employed in its operation;
(iv) the amount and types of insurance carried; and
(v) the mode of engaging, compensating, and dealing with its employees and accountants,
attorneys, or other advisors;
(c) change the name or form of organization under which the entity or business is operated and
enter into an ownership agreement with other persons to take over all or part of the operation
of the entity or business; and
(d) demand and receive money due or claimed by the principal or on the principal's behalf in the
operation of the entity or business and control and disburse the money in the operation of the
entity or business;
(8) put additional capital into an entity or business in which the principal has an interest;
(9) join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity
or business;
(10) sell or liquidate all or part of an entity or business;
(11) establish the value of an entity or business under a buy-out agreement to which the principal
is a party;
(12) prepare, sign, file, and deliver reports, compilations of information, returns, or other papers
with respect to an entity or business and make related payments; and
(13) pay, compromise, or contest taxes, assessments, fines, or penalties and perform any other act
to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties,
with respect to an entity or business, including attempts to recover, in any manner permitted by
law, money paid before or after the execution of the power of attorney.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-210 Insurance and annuities.
Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to insurance and annuities authorizes the agent to:
(1) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or
terminate a contract procured by or on behalf of the principal that insures or provides an annuity
to either the principal or another person, whether or not the principal is a beneficiary under the
contract;
(2) procure new, different, and additional contracts of insurance and annuities for the principal
and the principal's spouse, children, and other dependents, and select the amount, type of
insurance or annuity, and mode of payment;
(3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a
contract of insurance or annuity procured by the agent;
(4) apply for and receive a loan secured by a contract of insurance or annuity;
(5) surrender and receive the cash surrender value on a contract of insurance or annuity;
(6) exercise an election;
(7) exercise investment powers available under a contract of insurance or annuity;
(8) change the manner of paying premiums on a contract of insurance or annuity;
(9) change or convert the type of insurance or annuity with respect to which the principal has or
claims to have authority described in this section;
(10) apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay
premiums of a contract of insurance on the life of the principal;
Utah Code
Page 17
(11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a
contract of insurance or annuity;
(12) select the form and timing of the payment of proceeds from a contract of insurance or annuity;
and
(13) pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection
with a tax or assessment levied by a taxing authority with respect to a contract of insurance or
annuity or its proceeds or liability accruing by reason of the tax or assessment.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-211 Estates, trusts, and other beneficial interests.
(1) In this section, "estate, trust, or other beneficial interest" means a trust, probate estate,
guardianship, conservatorship, escrow, custodianship, or fund from which the principal is, may
become, or claims to be entitled to a share or payment.
(2) Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to estates, trusts, and other beneficial interests authorizes the
agent to:
(a) accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an
estate, trust, or other beneficial interest;
(b) demand or obtain money or another thing of value to which the principal is, may become, or
claims to be entitled by reason of an estate, trust, or other beneficial interest, by litigation or
otherwise;
(c) exercise for the benefit of the principal a presently exercisable general power of appointment
held by the principal;
(d) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or
accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a
deed, will, declaration of trust, or other instrument or transaction affecting the interest of the
principal;
(e) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or
accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;
(f) conserve, invest, disburse, or use anything received for an authorized purpose;
(g) transfer an interest of the principal in real property, stocks and bonds, accounts with financial
institutions or securities intermediaries, insurance, annuities, and other property to the trustee
of a revocable trust created by the principal as settlor; and
(h) reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or
payment from an estate, trust, or other beneficial interest.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-212 Claims and litigation.
Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to claims and litigation authorizes the agent to:
(1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of
action, counterclaim, offset, recoupment, or defense, including an action to recover property
or other thing of value, recover damages sustained by the principal, eliminate or modify tax
liability, or seek an injunction, specific performance, or other relief;
Utah Code
Page 18
(2) bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or
intermediate relief and use an available procedure to effect or satisfy a judgment, order, or
decree;
(4) make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an
agreed statement of facts, consent to examination, and bind the principal in litigation;
(5) submit to alternative dispute resolution, settle, and propose or accept a compromise;
(6) waive the issuance and service of process upon the principal, accept service of process,
appear for the principal, designate persons upon which process directed to the principal may
be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings,
seek appellate review, procure and give surety and indemnity bonds, contract and pay for the
preparation and printing of records and briefs, receive, execute, and file or deliver a consent,
waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other
instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary,
concerning the principal or some other person, or with respect to a reorganization, receivership,
or application for the appointment of a receiver or trustee that affects an interest of the principal
in property or other thing of value;
(8) pay a judgment, award, or order against the principal or a settlement made in connection with a
claim or litigation; and
(9) receive money or other thing of value paid in settlement of or as proceeds of a claim or
litigation.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-213 Personal and family maintenance.
(1) Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to personal and family maintenance authorizes the agent to:
(a) perform the acts necessary to maintain the customary standard of living of the principal, the
principal's spouse, and the following individuals, whether living when the power of attorney is
executed or later born:
(i) the principal's children;
(ii) other individuals legally entitled to be supported by the principal; and
(iii) the individuals whom the principal has customarily supported or indicated the intent to
support;
(b) make periodic payments of child support and other family maintenance required by a court or
governmental agency or an agreement to which the principal is a party;
(c) provide living quarters for the individuals described in Subsection (1)(a) by:
(i) purchase, lease, or other contract; or
(ii) paying the operating costs, including interest, amortization payments, repairs,
improvements, and taxes, for premises owned by the principal or occupied by those
individuals;
(d) provide normal domestic help, usual vacations and travel expenses, and funds for shelter,
clothing, food, appropriate education, including postsecondary and vocational education, and
other current living costs for the individuals described in Subsection (1)(a);
(e) pay expenses for necessary health care and custodial care on behalf of the individuals
described in Subsection (1)(a);
Utah Code
Page 19
(f) act as the principal's personal representative pursuant to the Health Insurance Portability and
Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Sec.
1320d, and applicable regulations, in making decisions related to the past, present, or future
payment for the provision of health care consented to by the principal or anyone authorized
under the law of this state to consent to health care on behalf of the principal;
(g) continue any provision made by the principal for automobiles or other means of
transportation, including registering, licensing, insuring, and replacing them, for the individuals
described in Subsection (1)(a);
(h) maintain credit and debit accounts and open new accounts for the convenience of the
individuals described in Subsection (1)(a); and
(i) continue payments incidental to the membership or affiliation of the principal in a religious
institution, club, society, order, or other organization or to continue contributions to those
organizations.
(2) Authority with respect to personal and family maintenance is neither dependent upon, nor
limited by, authority that an agent may or may not have with respect to gifts under this chapter.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-214 Benefits from governmental programs or civil or military service.
(1) In this section, "benefits from governmental programs or civil or military service" means any
benefit, program, or assistance provided under a statute or regulation, including social security,
Medicare, and Medicaid.
(2) Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to benefits from governmental programs or civil or military service
authorizes the agent to:
(a) execute vouchers in the name of the principal for allowances and reimbursements payable
by the United States or a foreign government or by a state or subdivision of a state to the
principal, including allowances and reimbursements for transportation of the individuals
described in Subsection 75-9-213(1)(a), and for shipment of their household effects;
(b) take possession and order the removal and shipment of property of the principal from a post,
warehouse, depot, dock, or other place of storage or safekeeping, either governmental or
private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket,
certificate, or other instrument for that purpose;
(c) enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a
benefit or program;
(d) prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or
otherwise, to which the principal may be entitled under a statute or regulation;
(e) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose
or accept a compromise with respect to litigation concerning any benefit or assistance the
principal may be entitled to receive under a statute or regulation; and
(f) receive the financial proceeds of a claim described in Subsection (2)(d) and conserve, invest,
disburse, or use for a lawful purpose anything received.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-215 Retirement plans.
Utah Code
Page 20
(1) In this section, "retirement plan" means a plan or account created by an employer, the principal,
or another individual to provide retirement benefits or deferred compensation of which the
principal is a participant, beneficiary, or owner, including a plan or account under the following
sections of the Internal Revenue Code:
(a) an individual retirement account under Section 408, Internal Revenue Code;
(b) a Roth individual retirement account under Section 408A, Internal Revenue Code;
(c) a deemed individual retirement account under Section 408(q), Internal Revenue Code;
(d) an annuity or mutual fund custodial account under Section 403(b), Internal Revenue Code;
(e) a pension, profit-sharing, stock bonus, or other retirement plan qualified under Section 401(a),
Internal Revenue Code;
(f) a plan under Section 457(b), Internal Revenue Code; and
(g) a nonqualified deferred compensation plan under Section 409A, Internal Revenue Code.
(2) Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to retirement plans authorizes the agent to:
(a) select the form and timing of payments under a retirement plan and withdraw benefits from a
plan;
(b) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement
plan to another;
(c) establish a retirement plan in the principal's name;
(d) make contributions to a retirement plan;
(e) exercise investment powers available under a retirement plan; and
(f) borrow from, sell assets to, or purchase assets from a retirement plan.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-216 Taxes.
Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to taxes authorizes the agent to:
(1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal
Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of
time, petitions regarding tax matters, and any other tax-related documents, including receipts,
offers, waivers, consents, including consents and agreements under Section 2032A, Internal
Revenue Code, closing agreements, and any power of attorney required by the Internal
Revenue Service or other taxing authority with respect to a tax year upon which the statute of
limitations has not run and the following 25 tax years;
(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest
deficiencies determined by the Internal Revenue Service or other taxing authority;
(3) exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4) act for the principal in all tax matters for all periods before the Internal Revenue Service or other
taxing authority.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-217 Gifts.
Utah Code
Page 21
(1) In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the
Uniform Transfers to Minors Act (1983/1986), and a tuition savings account or prepaid tuition
plan as defined under Section 529, Internal Revenue Code.
(2) Unless the power of attorney otherwise provides, language in a power of attorney granting
general authority with respect to gifts authorizes the agent only to:
(a) make outright to, or for the benefit of, a person a gift of any of the principal's property,
including by the exercise of a presently exercisable general power of appointment held by
the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift
tax exclusion under Section 2503(b), Internal Revenue Code, without regard to whether the
federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to
a split gift pursuant to Section 2513, Internal Revenue Code, in an amount per donee not to
exceed twice the annual federal gift tax exclusion limit; and
(b) consent, pursuant to Section 2513, Internal Revenue Code, to the splitting of a gift made by
the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax
exclusions for both spouses.
(3) An agent may make a gift of the principal's property only as the agent determines is consistent
with the principal's objectives if actually known by the agent and, if unknown, as the agent
determines is consistent with the principal's best interest based on all relevant factors,
including:
(a) the value and nature of the principal's property;
(b) the principal's foreseeable obligations and need for maintenance;
(c) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and
gift taxes;
(d) eligibility for a benefit, program, or assistance under a statute or regulation; and
(e) the principal's personal history of making or joining in making gifts.
Enacted by Chapter 256, 2016 General Session
Part 3
Statutory Forms
Renumbered 9/1/2024
75-9-301 Statutory form power of attorney.
A document substantially in the following form may be used to create a statutory form power of
attorney that has the meaning and effect prescribed by this chapter.
STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning
your property for you (the principal). Your agent will be able to make decisions and act with
respect to your property (including your money) whether or not you are able to act for yourself.
The meaning of authority over subjects listed on this form is explained in Title 75, Chapter 9,
Uniform Power of Attorney Act.
This power of attorney does not authorize the agent to make health care decisions for you.
You should select someone you trust to serve as your agent. Unless you specify otherwise,
generally the agent's authority will continue until you die or revoke the power of attorney, or the
agent resigns or is unable to act for you.
Utah Code
Page 22
Your agent is entitled to reasonable compensation unless you state otherwise in the Special
Instructions.
This form provides for designation of one agent. If you wish to name more than one agent
you may name a coagent in the Special Instructions. Coagents are not required to act together
unless you include that requirement in the Special Instructions.
If your agent is unable or unwilling to act for you, your power of attorney will end unless you
have named a successor agent. You may also name a second successor agent.
This power of attorney becomes effective immediately unless you state otherwise in the
Special Instructions.
If you have questions about the power of attorney or the authority you are granting to your
agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT
I ________________________________________________________ name the following
(Name of Principal)
person as my agent:
Name of Agent:____________________________________________________________
Agent's Address:___________________________________________________________
Agent's Telephone Number:__________________________________________________
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of Successor Agent:____________________________________________
Successor Agent's Address: ________________________________________
Successor Agent's Telephone Number:___________________________________
If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
Name of Second Successor Agent: _____________________________________
Second Successor Agent's Address: __________________________________
Second Successor Agent's Telephone Number: __________________________
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the
following subjects as defined in Title 75, Chapter 9, Uniform Power of Attorney Act:
(INITIAL each subject you want to include in the agent's general authority. If you wish to grant
general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing
each subject.)
(___) Real Property
(___) Tangible Personal Property
(___) Stocks and Bonds
(___) Commodities and Options
(___) Banks and Other Financial Institutions
(___) Operation of Entity or Business
(___) Insurance and Annuities
(___) Estates, Trusts, and Other Beneficial Interests
(___) Claims and Litigation
(___) Personal and Family Maintenance
(___) Benefits from Governmental Programs or Civil or Military Service
(___) Retirement Plans
(___) Taxes
(___) All Preceding Subjects
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
Utah Code
Page 23
My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the
specific authority listed below:
(CAUTION: Granting any of the following will give your agent the authority to take actions that
could significantly reduce your property or change how your property is distributed at your death.
INITIAL ONLY the specific authority you WANT to give your agent.)
(___) Create, amend, revoke, or terminate an inter vivos trust
(___) Make a gift, subject to the limitations of Section 75-9-217, and any special instructions in this
power of attorney
(___) Create or change rights of survivorship
(___) Create or change a beneficiary designation
(___) Authorize another person to exercise the authority granted under this power of attorney
(___) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a
survivor benefit under a retirement plan
(___) Exercise fiduciary powers that the principal has authority to delegate
(___) Disclaim or refuse an interest in property, including a power of appointment
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the
agent or a person to whom the agent owes an obligation of support unless I have included that
authority in the Special Instructions.
SPECIAL INSTRUCTIONS (OPTIONAL)
You may give special instructions on the following lines:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________
EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the Special
Instructions.
NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)
If it becomes necessary for a court to appoint a conservator of my estate or guardian of my person,
I nominate the following person(s) for appointment:
Name of Nominee for conservator of my estate: _____________________________________
Nominee's Address:____________________________________________________________
Nominee's Telephone Number:___________________________________________________
Name of Nominee for guardian of my person: _______________________________________
Nominee's Address: ___________________________________________________________
Nominee's Telephone Number:___________________________________________________
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it
unless that person knows it has terminated or is invalid.
SIGNATURE AND ACKNOWLEDGMENT
____________________________________________ _______________
Your Signature Date
____________________________________________
Your Name Printed
Utah Code
Page 24
____________________________________________
____________________________________________
Your Address
____________________________________________
Your Telephone Number
State of ____________________________
County of___________________________
This document was acknowledged before me on __________________________,
(Date)
by______________________________________.
(Name of Principal)
____________________________________________ (Seal, if any)
Signature of Notary
My commission expires: ________________________
[This document prepared by:
__________________________________________________________________
__________________________________________________________________]
IMPORTANT INFORMATION FOR AGENT
Agent's Duties
When you accept the authority granted under this power of attorney, a special legal relationship
is created between you and the principal. This relationship imposes upon you legal duties that
continue until you resign or the power of attorney is terminated or revoked. You shall:
(1) do what you know the principal reasonably expects you to do with the principal's property
or, if you do not know the principal's expectations, act in the principal's best interest;
(2) act in good faith;
(3) do nothing beyond the authority granted in this power of attorney; and
(4) disclose your identity as an agent whenever you act for the principal by writing or printing
the name of the principal and signing your own name as "agent" in the following manner:
(Principal's Name) by (Your Signature) as Agent
Unless the Special Instructions in this power of attorney state otherwise, you must also:
(1) act loyally for the principal's benefit;
(2) avoid conflicts that would impair your ability to act in the principal's best interest;
(3) act with care, competence, and diligence;
(4) keep a record of all receipts, disbursements, and transactions made on behalf of the
principal;
(5) cooperate with any person that has authority to make health care decisions for the
principal to do what you know the principal reasonably expects or, if you do not know the
principal's expectations, to act in the principal's best interest; and
(6) attempt to preserve the principal's estate plan if you know the plan and preserving the
plan is consistent with the principal's best interest.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this
power of attorney or your authority under this power of attorney. Events that terminate a power of
attorney or your authority to act under a power of attorney include:
(1) death of the principal;
(2) the principal's revocation of the power of attorney or your authority;
(3) the occurrence of a termination event stated in the power of attorney;
(4) the purpose of the power of attorney is fully accomplished; or
Utah Code
Page 25
(5) if you are married to the principal, a legal action is filed with a court to end your marriage,
or for your legal separation, unless the Special Instructions in this power of attorney state that such
an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in Title 75, Chapter 9, Uniform Power of
Attorney Act. If you violate Title 75, Chapter 9, Uniform Power of Attorney Act, or act outside the
authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek
legal advice.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-302 Agent's certification.
The following optional form may be used by an agent to certify facts concerning a power of
attorney.
AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER
OF ATTORNEY AND AGENT'S AUTHORITY
State of _____________________________
[County] of___________________________
I, _____________________________________________ (Name of Agent), certify under
penalty of perjury that __________________________________________(Name of
Principal) granted me authority as an agent or successor agent in a power of attorney dated
________________________.
I further certify that to my knowledge:
(1) the principal is alive and has not revoked the power of attorney or my authority to act under the
power of attorney and the power of attorney and my authority to act under the power of attorney
have not terminated;
(2) if the power of attorney was drafted to become effective upon the happening of an event or
contingency, the event or contingency has occurred;
(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4) _____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_______________________________________________________________________
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
____________________________________________ __________
Agent's Signature Date
____________________________________________
Agent's Name Printed
____________________________________________
____________________________________________
Agent's Address
____________________________________________
Agent's Telephone Number
This document was acknowledged before me on __________________________,
(Date)
Utah Code
Page 26
by______________________________________.
(Name of Agent)
____________________________________________ (Seal, if any)
Signature of Notary
My commission expires: ________________________
This document prepared by:
_________________________________________________________________
Enacted by Chapter 256, 2016 General Session
Part 4
Miscellaneous Provisions
Renumbered 9/1/2024
75-9-401 Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote
uniformity of the law with respect to its subject matter among the states that enact it.
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-402 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and
National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede
Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the
notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 256, 2016 General Session
Renumbered 9/1/2024
75-9-403 Effect on existing powers of attorney.
Except as otherwise provided:
(1) this chapter applies to a power of attorney created before, on, or after May 10, 2016;
(2) this chapter applies to a judicial proceeding concerning a power of attorney commenced on or
after May 10, 2016;
(3) this chapter applies to a judicial proceeding concerning a power of attorney commenced
before May 10, 2016, unless the court finds that application of a provision of this chapter would
substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights
of a party, in which case that provision does not apply and the superseded law applies; and
(4) an act done before May 10, 2016, is not affected by this chapter.
Enacted by Chapter 256, 2016 General Session