Power of attorney in Utah: the rules, signing and who to name
The short answer
A Utah financial power of attorney is durable unless it says otherwise, so it keeps working if you lose capacity. You sign it before a notary, and no witnesses are needed. Utah has adopted the Uniform Power of Attorney Act, so banks must accept a notarized document within set deadlines or risk paying fees.
A financial power of attorney lets someone you trust pay your bills, call the bank and keep the house running if you can't. Utah's rules are clear, and they recently moved to a new part of the state code.
This page walks through those rules in plain words. It is one of our state-by-state estate planning guides. If the idea is new to you, start with what a power of attorney does, then come back here.
Where is Utah's power of attorney law now?
Utah has adopted the Uniform Power of Attorney Act. Since September 1, 2024, it sits in Title 75A, Chapter 2 of the Utah Code. Older guides that cite Title 75 numbers for powers of attorney are out of date.
The Uniform Act matters because it sets clear rules for banks and other businesses. More on that below.
Is a Utah power of attorney durable?
Yes, by default. A Utah power of attorney is durable unless it expressly says it ends if you become incapacitated (Utah Code 75A-2-104).
That is the opposite of some states, where the document must include special words. In Utah, the safe choice happens on its own. Our post on durable power of attorney explains why durability matters, and springing powers of attorney covers documents that start only later.
How do I sign one in Utah?
You sign it before a notary, or another officer who can take acknowledgments. No witnesses are required (Utah Code 75A-2-105).
You also need enough capacity to understand that you are naming someone to handle your financial affairs. Signing early, while that is plainly true, saves questions later.
One more rule applies if you live in, or are about to move into, a hospital, assisted living, skilled nursing or similar facility. You may not name the facility's owner, operator, health care provider or employee as your agent, unless that person is your spouse, guardian or next of kin, or the authority is limited to Medicaid eligibility.
Here is a simple signing checklist:
| Step | What to do | Why it helps |
|---|---|---|
| 1. Choose your agent and a backup | Name a first agent and a second who steps in if needed | Keeps things moving if your first choice can't serve |
| 2. List special powers | Write out any power on the specific-grant list below that you want | A general grant won't cover them |
| 3. Check for facility staff | Make sure your agent isn't an owner or employee of a care facility where you live, unless an exception fits | Utah limits those choices |
| 4. Sign before a notary | Acknowledge your signature in front of a notary | Required in Utah, and it makes banks' acceptance rules apply |
| 5. Share copies | Give copies to your bank, your investment firm and your agent | So it is on file before anyone needs it |
| 6. Store the original | Keep it where your agent can reach it, with a note saying where | A locked drawer only you can open helps nobody |
Utah's health care document is signed differently: one adult witness, no notary. Our Utah medical power of attorney guide covers that one. Don't mix the two up.
Will my bank have to accept it?
Yes, within limits. This is where Utah stands out. A person asked to accept a notarized power of attorney must either accept it or ask for one of a few things within seven business days (Utah Code 75A-2-120).
Those things are an agent's certification, a translation or a lawyer's opinion. Once they get it, they have five business days to accept. They may not demand that you sign their own form instead.
A bank can still refuse for a reason the law lists, such as a good-faith belief the document is invalid, or a report of suspected abuse to the Division of Aging and Adult Services. Refusing without a listed reason can lead to a court order and paying the agent's attorney fees. A person who accepts a notarized document in good faith is also protected (Utah Code 75A-2-119).
Which powers must I spell out?
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote. A broad Utah power of attorney covers everyday money matters: paying the electric bill, depositing a pension, handling taxes, keeping the house repaired.
Some powers need a specific grant in the document (Utah Code 75A-2-201):
| Power | Included in a general grant? |
|---|---|
| Creating, amending, revoking or ending a living trust | No, it must be granted specifically |
| Making gifts | No |
| Creating or changing survivorship rights | No |
| Creating or changing beneficiary designations | No |
| Delegating authority to someone else | No |
| Waiving survivor annuity rights | No |
| Using fiduciary powers you hold that can be delegated | No |
| Disclaiming property or using a power of appointment | No |
There is one more safeguard. An agent who isn't family can't use those powers to benefit themselves unless your document says so.
For a living trust, Utah's trust law says the same thing from the other side. An agent can revoke or amend your trust only if the trust or the power of attorney expressly allows it (Utah Code 75B-2-602). Our post on what a living trust is explains how the documents work together.
Who should I name as my agent?
Beyond the facility rule above, the questions are practical. Is this person good with money and paperwork? Do they live near enough to go to the bank, or to the house if a pipe bursts? Will they keep records and answer your family's questions?
A short checklist when you choose:
- Trust: would you hand them your checkbook today?
- Distance: can they get to your home, your bank and your mail?
- Time: do they have room in their life for this, maybe for years?
- Backup: who steps in if your first choice can't? Our post on having a backup in every role explains why this matters.
Many people choose a sister, a niece or a longtime friend. Our post on naming a friend as power of attorney covers what to talk through first.
Here is a typical case, a composite. Linda is 69 and lives in St. George. Her son lives in Minnesota. She names her friend Karen, who has a key and waters the plants when Linda travels, as her agent, with her son as backup.
What if I never sign one?
If you lose capacity without a power of attorney, your family may have to ask a court to appoint someone to manage your money. That takes time and money, and a judge decides who serves. Our post on conservatorship vs power of attorney explains the difference.
Some people would like a professional standing by, either first or behind a friend. A Kinly membership includes a financial power of attorney written for your state, and members choose the order in every role.
Your power of attorney ends at death. After that, your will and executor take over. Our Utah probate and small estates guide covers that part.
Common questions
Does a Utah power of attorney need to be notarized?
Yes. A Utah financial power of attorney must be signed before a notary or another officer who can take acknowledgments. No witnesses are required.
Is a Utah power of attorney durable automatically?
Yes. It is durable unless it expressly says it ends when you become incapacitated.
Does my bank have to accept my Utah power of attorney?
Generally, yes. A bank must accept a notarized power of attorney, or ask for a certification, translation or lawyer's opinion, within seven business days. It can't insist on its own form, and refusing without a listed reason can cost it attorney fees.
Can my agent change my living trust?
Only if your trust or your power of attorney expressly allows it. Changing a trust is one of the powers Utah requires you to grant specifically.
Sources
- Utah Code 75A-2-104: Power of attorney is durable (Utah Legislature)
- Utah Code 75A-2-105: Execution of power of attorney (Utah Legislature)
- Utah Code 75A-2-119: Acceptance of and reliance on power of attorney (Utah Legislature)
- Utah Code 75A-2-120: Liability for refusal to accept power of attorney (Utah Legislature)
- Utah Code 75A-2-201: Authority that requires specific grant (Utah Legislature)
- Utah Code 75B-2-602: Revocation or amendment of revocable trust (Utah Legislature)
This page is general information, not legal or financial advice. Laws vary by state.