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Power of Attorney in Utah: The Notary Rule, the Statutory Form, and How to Get One
A Utah power of attorney must be signed before a notary, and the law sets a capacity test for the moment your parent signs. Here is what the Uniform Power of Attorney Act requires.
By naveen · Updated · How we research our guides
What to know
- A Utah power of attorney must be signed before a notary, by your parent or by someone in their conscious presence at their direction; the signing rule in Utah Code 75A-2-105 doesn't call for witnesses.
- Your parent needs enough capacity, when signing, to understand they're appointing an agent to handle their financial affairs.
- It's durable by default and effective immediately unless it says otherwise, and a bank must accept it, or ask for more information, within seven business days.
- Utah's statutory form says it "does not authorize the agent to make health care decisions for you"; that takes a separate advance health care directive.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
In Utah, your parent creates a power of attorney by signing one before a notary, while able to understand they're appointing an agent for their finances; the free statutory form in Utah Code 75A-2-301 is optional. It can be signed by your parent, or by someone "in the principal's conscious presence" at their direction, if "the power of attorney is signed before a notary public or other individual authorized by the law to take acknowledgments" (Utah Code 75A-2-105). Your parent must also have "sufficient mental capacity at the time that the power of attorney is executed to understand that the principal is appointing an agent to handle the principal's financial affairs." Utah's law took effect May 10, 2016, and in 2024 it moved to Title 75A of the Utah Code.
What is a durable power of attorney in Utah?
A durable power of attorney in Utah is one that is "not terminated by the principal's incapacity," and durability is the default: under Utah Code 75A-2-104, a power of attorney "is durable unless it expressly provides that it is terminated by the incapacity of the principal."
A power of attorney is "a writing or other record governed by this chapter that grants authority to an agent to act in the place of the principal." Your parent is the principal. The act covers finances and property, not health care. For when to set one up, see our guide to power of attorney for an elderly parent.
What does Utah require for a power of attorney to be valid?
Three things: your parent's signature (or one made at their direction), a notary, and enough capacity to understand they're appointing an agent for their financial affairs.
| Step | What the statute says | Why it matters |
|---|---|---|
| Signature | Signed by your parent, or by someone in their conscious presence at their direction | Required (75A-2-105) |
| Notary | Signed before a notary or other official authorized to take acknowledgments | Required (75A-2-105); a notarized signature is presumed genuine |
| Capacity | Your parent understands they're appointing an agent for their financial affairs | Required; they don't need to understand how the agent will manage things |
Section 75A-2-105 doesn't list witnesses, the act has no witness requirement, and the statutory form ends with a notary block and no witness lines. A Utah power of attorney signed on or after May 10, 2016 is valid if it meets that section. One signed earlier stays valid if it met Utah law at the time.
There's also a facility rule. If your parent lives, or is about to live, in a hospital, assisted living, skilled nursing or similar facility, they can't name the facility's owner, operator, health care provider or employee as agent unless that person is their spouse, legal guardian or next of kin, or the authority is limited to establishing Medicaid eligibility.
Is there an official Utah power of attorney form?
Yes, an optional one. Utah Code 75A-2-301 sets out the "STATUTORY FORM POWER OF ATTORNEY," and a document "substantially in the following form may be used." The Utah State Courts point to it, and caution that forms found online "may not follow the requirements of Utah law."
The form's notice is worth reading with your parent before anyone signs. It explains that the agent "will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself," that "This power of attorney does not authorize the agent to make health care decisions for you," and that "Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions."
Some powers need their own initials. Under Utah Code 75A-2-201, an agent can create or change trusts, make gifts, create or change survivorship rights or beneficiary designations, or delegate authority "only if the power of attorney expressly grants the agent the authority." The form warns that granting them "could significantly reduce your property or change how your property is distributed at your death."
When does it take effect, and when does it end?
It's "effective when executed" unless it says it starts at a future date or event (Utah Code 75A-2-109). If it starts on incapacity and no one is named to decide, a written determination by a physician, or in some cases an attorney, judge or government official, triggers it.
Under Utah Code 75A-2-110, it ends when your parent dies, revokes it, when the document says it ends or its purpose is accomplished, or when the agent can no longer serve and no other agent is named. An agent's authority also ends when "an action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides." That's the filing, not the final decree.
If a court later appoints a conservator, "the power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court," and the agent answers to the conservator too. A power of attorney can also nominate a conservator or guardian for the court to consider.
What does the agent have to do?
Under Utah Code 75A-2-114, whatever the document says, an agent must act according to your parent's reasonable expectations to the extent the agent knows them, and otherwise in their best interest, act in good faith, stay within the authority granted and follow the document's terms. For any action they take, unless the document says otherwise, the agent must also act loyally, avoid conflicts, act with care and diligence, and "keep a record of all receipts, disbursements, and transactions made on behalf of the principal."
If your parent, a guardian, a conservator or a protective agency asks for records, the agent has 30 days to provide them or explain in writing why more time is needed, then another 30 days. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Utah power of attorney?
Yes, within a deadline: the acceptance rule covers a power of attorney acknowledged before a notary, which every Utah power of attorney has to be. Under Utah Code 75A-2-120, "a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel" no later than seven business days after it's presented, then accept within five business days of receiving what they asked for. They "may not require an additional or different form of power of attorney" for authority the document already grants.
The statute lists reasons a bank can still refuse, such as a good-faith belief the document isn't valid, or a report to the Division of Aging and Adult Services about suspected abuse or exploitation by the agent. A wrongful refusal can bring a court order to accept it and liability for reasonable attorney fees and costs.
Does a Utah power of attorney need to be recorded?
No. Utah's Uniform Power of Attorney Act has no recording requirement; its only recording provision is optional. For real estate, Utah Code 75A-2-106 says "the copy of the power of attorney may be recorded in the county where the transaction lies when attached to an affidavit of the person accepting the power of attorney." Under Utah Code 57-3-101, a notary's certificate of acknowledgment entitles a document to be recorded with the county recorder.
How do you get a power of attorney for an elderly parent in Utah?
Your parent has to sign it themselves, before a notary, while they have the capacity to. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document: the statutory form, or one drafted for your parent's situation.
- Go through the subjects with your parent; initial the ones they want to grant, and decide on the specific powers such as gifts and trusts.
- Your parent signs before a notary.
- Give the agent a copy and keep the original somewhere safe.
Timing matters because your parent has to have the capacity to sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. If the situation is complicated, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Utah?
If the document sets an exclusive method, your parent follows it; otherwise any method "manifesting clear and convincing evidence of the principal's intent" works (Utah Code 75A-2-110). The Utah State Courts advise that a revocation "should be in a dated and signed writing, but it does not need to be notarized," that the agent must receive a copy, and that third parties who relied on the old document should get one too.
Signing a new power of attorney doesn't cancel an older one unless the new one says so.
How much does a power of attorney cost in Utah?
The statutory form costs nothing to use, and Utah caps the notary's fee. Under Utah Code 46-1-12, the maximum is $10 per signature for an acknowledgment, and $25 for a remote notarization, plus any travel fee agreed in advance.
None of these statutes sets a fee for an attorney who drafts a power of attorney.
Frequently asked questions
Does a power of attorney need to be notarized in Utah?
Yes. Utah Code 75A-2-105 requires the power of attorney to be signed before a notary public or another official authorized to take acknowledgments. A notarized signature is presumed genuine, and the bank-acceptance deadlines apply to acknowledged powers of attorney. The signing section doesn't call for witnesses, and the statutory form has none.
Is a Utah power of attorney durable?
Yes, by default. Under Utah Code 75A-2-104, a power of attorney "is durable unless it expressly provides that it is terminated by the incapacity of the principal." Utah doesn't require special durability wording, and unless the document says otherwise, the agent's authority continues despite time passing since it was signed.
Where can I get a Utah power of attorney form?
The Statutory Form Power of Attorney is printed in Utah Code 75A-2-301 on the Utah Legislature's website, and the Utah State Courts' self-help pages point to it. Using it is optional; a document drafted for your parent's situation also works. Whatever the source, your parent signs it before a notary.
Can a Utah power of attorney make medical decisions?
No. The act doesn't apply to "a power to make health care decisions," and the statutory form says so. Utah uses a separate advance health care directive, which since January 1, 2026 is governed by the Uniform Health Care Decisions Act. Our Utah advance directive guide explains it.
What if my elderly parent can no longer sign?
Someone can sign your parent's name in their conscious presence at their direction, before a notary, but your parent still has to direct it and understand they're appointing an agent. If that capacity is gone, a court guardianship or conservatorship may be the remaining route. A power of attorney can nominate a conservator or guardian for the court to consider.
Is a power of attorney from another state valid in Utah?
Yes, if it met the right law when signed. Under Utah Code 75A-2-106, a power of attorney executed outside Utah is valid there if it complied with the law of the jurisdiction that governs its meaning, or with the federal requirements for a military power of attorney.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature, before a notary, while they still have the capacity to give it. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Utah Code Title 75A, Chapter 2, Uniform Power of Attorney Act: execution (75A-2-105), validity (75A-2-106), durability (75A-2-104), effective date (75A-2-109), termination and revocation (75A-2-110), agent duties (75A-2-114), acceptance (75A-2-119, 75A-2-120), express grants (75A-2-201) and the statutory form (75A-2-301).
- Utah Code 57-3-101: recording an acknowledged document with the county recorder.
- Utah Code 46-1-12: the maximum notary fees.
- Utah State Courts, Power of attorney: plain-language guidance on signing, revoking and the statutory form.
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