Utah Financial Power of Attorney Form
FindLaw has partnered with experienced attorneys to create financial power of attorney forms you can complete quickly and easily from the comfort of home. Just follow along with our easy step-by-step process to create a financial power of attorney that is customized to Utah’s laws and your unique situation.
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Do I Really Need a Financial Power of Attorney in Utah?
You need a financial power of attorney if you want someone else to have the legal authority to act on your behalf and make decisions for you. A power of attorney can ensure that your bills are paid and your property is cared for when you cannot care for yourself.
If you do not have a power of attorney, a court may intervene and appoint someone to make decisions. The court process can take time and cost money, and it can cause unneeded stress for your family and loved ones.
FindLaw provides an easy-to-use service where you can create your own financial power of attorney quickly and securely.
Utah Financial Power of Attorney Options
Financial Power of Attorney
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A do-it-yourself financial power of attorney form that’s easy to personalize.
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How It Works
The process takes less than an hour, and you can complete it from the comfort of your home.
Answer Some Questions
Decide who your agent will be and what authority you want them to have. Then, simply answer a few questions.
Create an Account
Creating an account is easy, quick, and secure. Save your information as you go and return when you have time.
Complete Your Document
Once you answer the relevant questions, we do the hard part and create your unique document.
Sign & Make It Legal
Sign your document following the instructions on the form. This may include signing in front of witnesses or a notary.
How To Get a Utah Power of Attorney
Understand How a POA Works in Utah
A power of attorney is a legal document. It allows a person (the principal) to give somebody else (the agent or attorney-in-fact) the power to act on the principal’s behalf. When your agent acts on your behalf under a power of attorney, their actions and decisions will be legally binding on you.
In Utah, powers of attorney can be used to give your agent authority to handle your financial matters. However, if you want someone to act as your agent for health care decisions, you will need an advance health care directive, which we offer here.
Choose your agents
The most important quality of an agent is trustworthiness. An agent under a power of attorney will be accessing your money or property, so you should pick someone who will not take advantage of their authority.
Your agent under your power of attorney also should be smart with money and comfortable filling out forms, reading documents, and dealing with banks.
You can choose two or more people to be co-agents to serve at the same time under your power of attorney. They will be able to act independently unless your power of attorney states they must act jointly. In most cases, you should avoid appointing co-agents because multiple agents can create confusion and delay when dealing with banks and other businesses.
Co-agents are different from successor agents. You should have successor agents for your power of attorney. A successor agent will take the place of your original agent if the original agent is unavailable or unable to act.
Decide how much authority to give your agents
You can give your agent broad or limited powers to act for you. When planning for your incapacity, you should consider giving your agent the flexibility to act when unforeseen circumstances arise. If you limit their powers too much, the limitations may keep them from making decisions that could benefit you.
Find a good form
Execute the form with the correct number of witnesses
Deliver your completed form to the right people
After your form is executed, you need to give it to everyone who will need it. You should give your power of attorney to your agent and may want to give it to banks and businesses your agent will deal with. Finally, you can give copies to trusted family and friends.
You May Want to Speak With a Lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
Ready to get started on your financial power of attorney? It’s free to start.Create My Form
Utah Financial Power of Attorney FAQ
There are several types of powers of attorney in Utah. You should be aware of the following types:
Durable power of attorney
A durable power of attorney is the type you will want if you are planning for your incapacity. A durable power of attorney remains effective when the principal is incapacitated. Under Utah’s Uniform Power of Attorney Act, incapacity means the principal’s inability to manage property or business affairs because of any of the following:
- The principal has an impairment in the ability to understand information or make or communicate decisions
- The principal is missing
- The principal is detained or in prison
- The principal is outside the United State and unable to return
In Utah, a power of attorney is durable unless it states it is terminated by the principal’s incapacity.
Nondurable power of attorney
A nondurable power of attorney terminates when the principal becomes incapacitated. If you want a nondurable power of attorney, it must state that is terminated by your incapacity.
Springing power of attorney
A springing power of attorney is effective at a future date or when a specific event happens. If you want a springing power of attorney, it must state what the future date or event is and be clear that it is not effective until then.
A common future event is the incapacity of the principal, but many attorneys recommend against using a springing power of attorney that only becomes effective when you are incapacitated because it is difficult for agents to prove incapacity to other people.
Limited power of attorney
A limited power of attorney gives limited authority to an agent to perform one act or handle one type of transaction. For example, you could give a power of attorney to a financial advisor to manage investments or to a trusted person to manage property or sell real estate for you if you are out of the country.
You should not use a limited power of attorney when planning for incapacity because your agent should have broad and flexible authority to pay bills, access accounts, and care for your property in case you are incapacitated for a long time or unexpected circumstances arise.
Hiring a lawyer is not necessary for creating a power of attorney. If you follow the above steps for getting a power of attorney, you can make one yourself.
If you have questions about your form, you can ask an attorney licensed in Utah to review it for you before you sign it. If you have concerns or legal questions about the powers to give your agent or whom to choose as your agent, you can seek legal advice from an attorney.
When you create a power of attorney, you can list a method for revoking it and revoke it that way. However, it probably is not wise to limit the ways you can revoke it.
If you do not list a specific method, you can revoke it in any way that clearly shows you intend to revoke it. It is a good idea to sign a written revocation and to have it notarized. You should give the revocation to your agent and copies to businesses or people your agent dealt with and all your banks and financial institutions.
In Utah, a business can reject your power of attorney if they have a legitimate reason. For example, they can reject your agent’s request to do business on your behalf if they would not be required to do business with you directly or if they know your agent’s authority has been terminated.
If your agent tries to use your power of attorney to do something on your behalf, a business or person can ask your agent to produce one of the following:
- A sworn certification concerning any fact about you, your agent, or your power of attorney
- A translation if your power of attorney is not in English
- An attorney’s opinion about any legal issues related to the power of attorney
If your agent fails to respond to a request for any of these documents, the person or business may legally reject the power of attorney. If somebody rejects your power of attorney without a legitimate reason, you or your agent can ask a court to order them to accept the power of attorney and to pay legal fees and costs.
You can follow the above steps to help your elderly parents get a power of attorney. Before you help them get a form, you should talk to them to find out what their wishes are. You also must be sure they are competent to fill out a form and understand what they are signing.
If they do not understand what they are signing, do not help them fill out a form because they must be competent for the completed document to be legal. You should speak with an attorney licensed in Utah about getting a court to appoint you or another trusted adult as your parents’ guardian.
Lawyers in Utah can charge a wide range of fees for a power of attorney or advance directive. Some attorneys also charge by the hour. Costs typically run above $100.
A lower-cost option is to use a form like the power of attorney forms we offer for $35.
FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you have a complex case, or would like a lawyer’s review of your estate planning documents, please visit our directory to find a lawyer near you.
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