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Utah Power of Attorney Forms

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Utah power of attorney can be used by a competent adult in Utah to appoint another competent adult to act on their behalf in certain situations. There are many different types of POA’s depending on the circumstances surrounding the need. For instance, an individual may be seeking to do some long-term planning and want to appoint someone to handle their financial affairs in the even they’re no longer able to do so on their own. The durable POA may be the right form in that situation. Another person may be looking for someone to help them with a state tax issue.

LawsTitle 75 (Uniform Probate Act)

Types

Advance Health Care Directive (Medical POA) – The medical type of POA allows a person to appoint another to handle his or her health care decisions, if and when, it is clear that the principal can no longer communicate their wishes regarding treatment.

Durable (Financial) Power of Attorney – A durable form is called “durable” because the agent appointed under it can continue to act, even after the person who created the POA is no longer able to make his or her own decisions.

General (Financial) Power of Attorney – A general form is used to convey broad financial powers to another to act on behalf of and in the best interest of the person who created the document (the principal) until it is revoked or the principal becomes incapacitated.

Limited (Springing) Power of Attorney – The limited form is used for more narrow circumstances such as a single transaction or a short period of time, where the principal needs someone to represent them temporarily.

Motor Vehicle Power of Attorney – This form can be used when someone needs to appoint someone to handle a motor vehicle title transfer.

Parental (Minor Child) Power of Attorney – A parent may choose someone else to be able to handle the everyday care of their child for a period of up to six (6) months.

Real Estate Power of Attorney – Allows an individual to select a close friend, family member, attorney, or another person to handle real property decisions in their best interest.

Revocation of Power of Attorney – The revocation form is used when there is a pre-existing POA that the principal wants to terminate.

Tax Power of Attorney (Form TC-737) – This form is used in the event that a persons needs to allow another  person, usually a tax professional, access to their filings so that they can help them with issues involving the tax authority.

How to Write

1 – The Statutory Form To Deliver Principal Power Should Be Downloaded Here

The three buttons displayed under the preview picture of the template will access the paperwork you will require to assign Principal Powers to an Agent in Utah. Download one of these file types for your use then, when you are ready open the file to print it or fill it out on screen.

2 – Establish The Identity And Location Of Each Participating Party

The first page presents some information which must be read by the Principal. Just after this introduction, we will have to supply specific information where it is requested. First, find the blank line between the word “I” and the parentheses “(Name Of Principal)” in the “Designation Of Agent” section then, record the Name of the Principal.You will notice several labeled areas, so the Agent or Attorney-in-Fact can be easily presented. You must supply the Attorney-in-Fact’s Legal Name, Address, and Telephone Number on the lines designated with the labels “Name Of Agent,” “Agent’s Address,” and “Agent’s Telephone Number.” Make sure the Contact Information you present is a reliable way of reaching the Agent who will wield Principal Power.The Principal, named above, has the option of naming Successor Agents. This type of entity will be given the ability and right to wield Principal Power on behalf of the Principal but only if the Attorney-in-Fact is unable to utilize them or simply does not intend to. This is the only circumstance when a Successor Agent will be delegated the right to wield Principal Power. If the Principal wishes to declare a Successor Agent, then locate the statement starting with “If My Agent Is Unable Or Unwilling To Act For Me…” The Successor Agent’s Full Name, Complete Address, and Current Telephone Number should be reported on the blank lines labeled “Name of Successor Agent,” “Successor Agent’s Address,” and “Successor Agent’s Telephone Number.”In addition to a Successor Agent, the Principal can also name a Second Successor Agent who will automatically be granted the Principal Powers in this document if neither the Attorney-in-Fact nor the Successor Agent intend to or are able to utilize the Principal Authority in this document.

3 – An Approval For Each Delivered Power Must Be Obtained From The Principal

The type of Principal Authority this document will appoint to an Attorney-in-Fact will have to be defined. The Attorney-in-Fact will have the right to act in Principal Matters by making decisions on behalf of the Principal and taking actions as if he or she were the Principal. In the section labeled “Grant Of General Authority,” a list of subjects where the Attorney-in-Fact can be approved to represent the Principal’s interests is presented. The Principal will have to initial each Principal Power that he or she wishes delivered to the Attorney-in-Fact. This will effectively show that the Principal’s Approval for the Attorney-in-Fact to represent the Principal regarding the initialed list item. Hence, if the Principal wishes the Attorney-in-Fact to represent him or her with “Real Property,” “Tangible Personal Property,” and conduct business in his or her name with “Banks and Other Financial Institutions” then, the Principal should initial the bracketed spaces preceding each of these subjects to grant only these abilities to the Attorney-in-Fact. If the Principal wishes to appoint the Attorney-in-Fact with Principal Powers in all these areas then, he or she should simply initial the bracketed space preceding “All Preceding Subjects.”

The next area will also discuss the Principal Powers given to the Attorney-in-Fact. This will be a more specific list of Principal Authority that seeks a more focused definition of the actions the Attorney-in-Fact has the Principal Approval to engage in using the Principal’s Name. Once again, only the bracketed spaces bearing the Principal’s initials will be actions the Attorney-in-Fact can take, those that are not initialed will be excluded from the Attorney-in-Fact’s Principal Ability.

The opportunity to fine-tune or adjust any of the Principal Powers in the previous two areas is presented in the “Special Instructions” section. If the Principal wishes to impose any conditions, circumstances, limitations, or conditions to the Principal Powers granted it may be done so in this section. Similarly, if the Principal wishes to grant extensions, additions, or instructions to the Principal Powers that will be granted through this paperwork then, such provisions can also be listed here. The directives supplied to this area should be as specific as possible.

5 – A Guardian May Be Nominated By The Principal Through This Appointment

The section labeled “Nomination Of Conservator Or Guardian (Optional)” can also be taken advantage of by the Principal. Here, the Principal can address the possibility of the courts determining that he or she is incapable of making his or her own when incapacitated. While the ultimate decision will be up to the courts making this determination, the Principal’s Nomination can be submitted for consideration. In many cases, this carries quite a bit of weight.

If the Principal has an individual he or she would like to nominate to handle his or her estate and its affairs as a Conservator, this person’s Name, Address, and Telephone Number should be recorded on the lines labeled “Name Of Nominee For Conservator Of My Estate,” “Nominee’s Address,” and “Nominee’s Telephone Number” The Principal can nominate a Guardian over his or her person when he or she is incapacitated. Here, the Guardian’s Name, Address, and Telephone Number on the lines designated as “Name Of Nominee For Guardian Of My Person,” “Nominee’s Address,” and “Nominee’s Telephone Number.”

6 – The Principal’s Signature Of Execution Must Be Performed Before A Notary

This document can only deliver the Principal Powers approved and defined by the Principal above through his or her signature. To do this, the Principal should turn his or her attention to the section labeled “Signature And Acknowledgment.” Once located, the Principal must sign the line bearing the label “Your Signature”

As soon as the Principal has signed this document, he or she must enter the current Date on the next available line.

Below the Signature and Signature Date, the Principal must produce his or her Printed Name, Address, and Telephone Number on the next three lines.

The Principal must Date And Sign the next two spaces, in the presence of a Notary Public then release it to that individual so that this document’s Principal Signing can be notarized. A section below the signature has has been supplied for this purpose.


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