Free Utah Durable Power of Attorney Form

A Utah durable power of attorney appoints an agent to act on your property and financial affairs, and the authority carries through your incapacity. The Uniform Power of Attorney Act governs it.

Check the citation on any form you receive. Utah renumbered the Act with effect from 1 September 2024, moving it from chapter 9 of Title 75 to chapter 2 of Title 75A, so a document citing sections in the 75-9 range points at the old numbering.

Durability arrives by default. Section 75A-2-104 makes a power of attorney created under the chapter durable unless it expressly provides that your incapacity terminates it.

Section 75A-2-105 sets two conditions on signing, and the second one is unusual enough that most out-of-state forms ignore it.

Sign before a notary

You may sign a Utah durable power of attorney yourself, or direct another individual in your conscious presence to write your name, provided the signing happens before a notary public or other individual authorized by law to take acknowledgments.

You must have the capacity to understand what you are doing

Section 75A-2-105 also requires that you have sufficient mental capacity at the time of execution to understand that you are appointing an agent to handle your financial affairs. Utah writes that test into the execution section itself.

The presumption

Section 75A-2-105 then presumes your signature genuine once you acknowledge it before a notary public or another individual authorized by law to take acknowledgments.

Utah draws the boundaries at the front of the chapter. The applicability section leaves out a power to the extent it is coupled with an interest in the subject of the power, including one given to or for the benefit of a creditor in a credit transaction.

Health care sits outside as well. A power to make health care decisions falls outside the Act entirely, so Utah handles medical authority through a separate instrument.

Two more categories fall outside. The Act skips a proxy or other delegation to exercise voting or management rights over an entity, and it skips a power created on a form prescribed by a government or governmental subdivision for a governmental purpose.

A complete Utah durable power of attorney names you and your agent, sets out the authority granted, and adds a successor agent so the document does not fail when your first choice steps back.

Cite the current sections. Because of the 2024 renumbering, a Utah durable power of attorney referring to chapter 75A-2 will read correctly to anyone checking it, while an older reference invites questions.

Then sign in front of a notary. Utah’s execution rule puts the notary in the room rather than treating acknowledgment as an optional strengthening step.