What the rule says
Utah adopted the Uniform Power of Attorney Act effective May 13, 2014, codified at Utah Code § 75-9-101 et seq.
Default durability
A Utah POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under Utah Code § 75-9-201, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).
Third-party acceptance
Utah law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid Utah POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare advance directive is separate
Utah separates property and healthcare frameworks. Healthcare decisions require a separate Utah Advance Health Care Directive under Utah Code § 75-2a-101 et seq.
What happens without a POA
If a Utah resident becomes incapacitated without an executed durable POA, the family must seek conservatorship or guardianship under Utah Code § 75-5.
What you can do about it
For Utah residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Advance Health Care Directive. - Update older POAs.
Who this affects most
Utah's POA framework is most consequential for Utah adults without executed POAs.