Updated on October 25th, 2021
A Utah statutory durable power of attorney is a legal document wherein an individual can grant authority unto an agent to oversee their finances. This authority persists beyond the incapacitation of the individual (called the principal), meaning that if they are no longer able to communicate their wishes and oversee their estate, the agent will be able to do so for them in accordance with their wishes and best interests. This power of attorney is often only placed into effect once the principal becomes debilitated; however, it can be effective upon signing as well.
Agent’s Duties – § 75-9-114
Signing Requirements (§ 75-9-105) – Notary Public
Statutory Form (General) – § 75-9-301
Statute – § 75-9-102(2)
“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.