Power of Attorney in Utah
A financial power of attorney lets you choose someone you trust to manage your finances and property on your behalf. That person is called your agent.
A properly prepared power of attorney can allow your agent to pay bills, manage accounts, handle real estate, deal with financial institutions, and take other financial actions if you become unable to manage those matters yourself.
Under Utah law, a power of attorney is generally durable, meaning it continues to work if you later become incapacitated, unless the document specifically provides otherwise. A power of attorney also generally becomes effective when it is signed unless you choose a later effective date or event.
At Legacy Peak Estate Planning Law, a standalone financial power of attorney is $300. It is also included in our will-based and trust-based estate planning packages.
How to Get Power of Attorney in Utah
Creating a Utah power of attorney generally involves four decisions:
Choose your agent. Select someone you trust to handle your financial affairs and, preferably, at least one successor if your first choice cannot serve.
Decide what authority to give. Your agent can receive broad financial authority or authority limited to particular assets or transactions. Certain powers require particularly clear language.
Decide when the authority begins. A Utah power of attorney is generally effective when signed, but it can instead become effective on a future date or after a specified event, such as incapacity.
Sign it properly. Utah requires the principal to sign the power of attorney before a notary public or another person legally authorized to take acknowledgments. The principal must also have sufficient mental capacity when the document is signed.
The details matter because the document determines what your agent can and cannot do.
What Can a Utah Financial Power of Attorney Cover?
A financial power of attorney can give your agent authority over many aspects of your financial life.
Depending on the document, your agent may be able to manage bank and investment accounts, pay bills, handle taxes, buy or sell real estate, manage business interests, deal with insurance and benefits, sign financial documents, and handle other property matters.
Some powers require more specific language. For example, Utah law requires an express grant of authority before an agent can take certain actions involving gifts, beneficiary designations, survivorship rights, trusts, disclaimers, and similar estate-planning decisions.
That is one reason the scope of the document should match what you actually want your agent to be able to do.
Is a Utah Power of Attorney Durable?
Usually, yes.
Under Utah law, a power of attorney is durable unless it specifically states that it terminates when the principal becomes incapacitated.
This is important because incapacity is one of the main reasons people create powers of attorney. If you suffer a serious illness, injury, or cognitive decline, a durable financial power of attorney can allow your chosen agent to continue handling the financial matters covered by the document.
Does a Utah Power of Attorney Take Effect Immediately?
Usually.
Utah law provides that a power of attorney becomes effective when it is executed unless the document states that it will become effective later.
You can also create a power of attorney that becomes effective only after a future event, including incapacity. This is sometimes called a springing power of attorney.
Neither approach is automatically right for everyone. An immediately effective power can be easier for an agent to use when needed, while a delayed power can provide additional restrictions on when the agent may begin acting.
Financial Power of Attorney vs. Medical Power of Attorney in Utah
A financial power of attorney does not authorize your agent to make health care decisions.
Utah handles medical decision-making through a separate Advance Health Care Directive. That document can name someone to make health care decisions for you and state your wishes concerning medical treatment.
People sometimes search for this document as a “medical power of attorney,” but it is legally separate from the financial power of attorney discussed on this page.
A complete estate plan commonly includes both documents.
Learn About Utah Health Care Directives
Choosing the Right Agent
Your agent may eventually have substantial control over your finances, so trustworthiness is the most important consideration.
You should also consider whether the person is organized, financially responsible, willing to serve, and capable of dealing with banks, investment companies, government agencies, and other institutions.
You can name a successor agent if your first choice cannot or will not serve. In many estate plans, naming at least one backup is a practical safeguard.
What Happens If You Become Incapacitated Without a Power of Attorney?
If you become unable to manage your finances and no one already has legal authority to act for you, your family may need to ask a Utah court to appoint a conservator to manage some or all of your financial affairs.
Whether a conservatorship is necessary depends on your assets, how they are titled, and what other planning you have in place. A properly drafted durable power of attorney can often reduce the need for a court proceeding by giving someone you selected in advance the authority to act for you.
The important difference is control: with a power of attorney, you choose your agent while you still have capacity.
How Much Does a Power of Attorney Cost in Utah?
Our flat fee for a standalone financial power of attorney is $300.
A financial power of attorney is also included in our will-based and revocable-trust estate planning packages.
If you need a complete estate plan, we can help you determine whether it makes more sense to prepare the power of attorney by itself or as part of the larger plan.
View Estate Planning Services and Pricing
Frequently Asked Questions
Does a power of attorney in Utah need to be notarized?
Yes. A Utah financial power of attorney must be signed before a notary public or another person legally authorized to take acknowledgments.
Does my spouse automatically have power of attorney for me?
No. Marriage by itself does not necessarily give one spouse authority to manage the other spouse's individually owned accounts, property, and financial affairs.
A spouse may already have access to jointly owned property or joint accounts, but a financial power of attorney provides authority over the matters granted in the document.
Can I limit my agent's authority?
Yes. A power of attorney can give broad authority or limit your agent to particular assets, transactions, or categories of financial decisions.
Can a power of attorney become effective only if I am incapacitated?
Yes. Utah permits a power of attorney to become effective after a future event or contingency, including incapacity.
Does a power of attorney continue after death?
No. A financial power of attorney terminates when the principal dies. After death, authority over estate or trust property generally shifts to the appropriate personal representative or trustee.
Do I need an attorney to create a power of attorney in Utah?
Utah provides a statutory power-of-attorney form, so an attorney is not legally required in every case.
Legal advice can be particularly useful when you want customized authority, own a business or real estate, have a trust, want your agent to have estate-planning powers, or need to coordinate the power of attorney with the rest of your estate plan.
Can a power of attorney help avoid a conservatorship?
Often, yes. A durable financial power of attorney can give your chosen agent authority to manage the financial matters covered by the document if you become incapacitated.
It does not guarantee that a conservatorship will never be needed, but proper advance planning can substantially reduce the circumstances in which court intervention becomes necessary.
Put Your Power of Attorney in Place Before You Need It
A power of attorney works best when it is prepared before an emergency occurs.
Legacy Peak Estate Planning Law prepares Utah financial powers of attorney as standalone documents and as part of complete estate plans. We will help you choose the appropriate agent, authority, and effective terms for your circumstances.
Standalone Financial Power of Attorney: $300