Utah Real Estate Power of Attorney Form

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Updated June 02, 2022

A Utah Real Estate Power of Attorney Form is a legal document that must be completed by the titleholder of real property to designate an agent who will carry out the principal directives for their real property. This form will provide written permission for the agent to act on the property owner’s behalf regarding his or her real property only. This limits the scope of authority the agent may wield on behalf of the property owner so that he or she will only be able to act in this matter. This type of appointment will allow for financial transactions but only if they directly pertain to the concerned property and only if the principal approves on the use of this authority by the agent. This form must be signed before a notary public. The principal retains the right to revoke this form by serving the agent with written notice at any time.


StatutesUniform Power of Attorney Act

Signing Requirements (U.C.A. 1953 § 75-9-105) – Notary Public.

How to Write

1 – Fill Out This Template To Appoint A Utah Real Estate Attorney-in-Fact With Principal Power

The picture on this page will be accompanied by three buttons. You may view the image as a PDF or download it using the picture or the button labeled thumbnail. This will allow you to use a PDF editing program to prepare this template with information or print it using a current browser to fill it out. Otherwise, this template is also available as a “Word” or “ODT” file.

2 – Information Requested In The First Paragraph Must Be Supplied

The first statement will have several blank lines set in its language. The sole purpose of the information being requested here will be to clearly introduce the Principal and Attorney-in-Fact in the role each plays in this delegation.

Begin with the Principal. That is, the entity that will give the Attorney-in-Fact the right to represent him or her with Principal Authority. On the first available space, document the Full Name of the Principal. The second empty space will request the “Street Address” of the Principal. This should be supplied as a Building Number, Street Name, and any applicable Unit Number. Make sure to also enter the City and State part of the Principal’s Address on the blank spaces after the terms “…City Of” and “…State Of.”Once this statement has been supplied with the Principal’s Name and Location, it will turn its attention to the Attorney-in-Fact. The space following the words “…Hereby Appoint” will supply the opportunity to document the Full Name of the person the Principal is delivering his or her Authority to.The final request of this statement will be the Attorney-in-Fact’s location. His or her Address should be produced as a Street Address, City, and State on the last three spaces.

3 – The Statements In Article I Require Review And Approval

The Principal Power over Real Estate the Principal wishes to delegate to the Attorney-in-Fact can be categorized into four types. This is presented as a list of checkbox statements in “Article I. Assignment Of Authority.” Each of these category descriptions will contain language delivering the ability to make decisions on behalf of the Principal and to take actions using the Principal’s Authority to the Attorney-in-Fact with the Real Estate you define in that category description. To grant Principal Authority over one of these Real Estate Categories, the Principal will need to initial the space in the left margin of that category description and place a mark in the corresponding checkbox. In addition to this requirement, the Legal Description of that Property must be supplied on the first blank line in the category description and its Physical Address on the second blank line. Any Category where these items have not been produced will not be within the Attorney-in-Fact’s granted Power while those supplied with these items will be within the Attorney-in-Fact’s Principal Power. Thus, if the Principal wishes to appoint the Attorney-in-Fact with the Principal Power to Sell and Purchase Real Estate but not Manage or Refinance Real Estate the Principal must supply his or her Initials, Checkbox, Legal Address, and Physical Address to the Category Descriptions labeled “Sale of Real Estate” and “Purchase of Real Estate” and leave the other two Category Descriptions (“Management Of Real Estate” and “Refinancing”) unaltered.

4 – Article III Must Have The Durability Of These Powers Defined By The Principal

The Durability of this document along with its manner of Termination will need to be addressed in order to properly execute this Real Estate Power appointment. In addition to declaring the type and level of Principal Authority that will be delegated to the Attorney-in-Fact, the Termination of these Powers must be described. The Principal can decide to pick a Date when this delegation will expire. If so, he or she should initial and check Choice “a.” This choice will request the Principal intended Termination Date supplied where requested in its contents.If the Principal determination of these Powers’ lifespan and durability is that they remain in effect until he or she is incapacitated, dies, or revokes them then, the Principal must initial and mark Choice “b.”The last option supplied by this section, Option “c,” indicates the Principal has chosen to keep these Powers in Effect unless he or she revokes them or dies. To designate this as the Principal’s preferences for Termination, he or she must initial and check Option “c.”

5 – The Final Article Shall Enable This Document’s Execution Through The Signature Of The Principal

The Principal can only delegate these Powers to the Attorney-in-Fact through the Principal Act of Signing. He or she will need to supply this item before two Witnesses and a Notary Public. The process of the Principal Signing will begin when he or she places the Calendar Day, Month, and Year when he or she signs this document on the first, second, and third blank lines in the last statement of “Article VI. Revocation.”The two blank space designated with “Principal’s Signature” and “Print Name” require the Principal’s Signature and Printed Name.The next couple of blank spaces (“Agent’s Signature” and “Print Name”) must have the attention of the Attorney-in-Fact. He or she must sign and print his or her Name on these lines.The two people serving as Witnesses to the Principal Signing will be assigned specific areas they must tend to. Witness 1’s Name must be printed on the first blank space in “Affirmation By Witness 1” and Witness 2’s Name should be printed on the first blank space in “Affirmation By Witness 2.”Each Witness must Sign and Print his or her Name on the lines under his or her Affirmation Statement.The Notary Public will be the next entity to tend to this document. He or she will supply some basic facts and his or her credentials in the “Notary Acknowledgment” section.