Power Of Attorney requirements in Utah
- You must be at least 18 years old and of sound mind to create a POA.
- The agent you choose must be at least 18 years old (or an adult, per Utah law).
- Utah POA forms must be signed by you (the principal) and notarized or witnessed by two adults (specific rules vary by type).
- For a medical power of attorney, Utah law requires the document to be in writing, signed, and either notarized or witnessed by two people.
- If you want your durable power of attorney to be effective immediately, it must clearly state that it's durable and that it survives your incapacity.
- No filing with a court is required for a basic POA, but it must be kept safe and given to your agent.
Ready to get your Utah power of attorney set up? Start with a trusted legal form and get it notarized today.
Create your power of attorneyHow to create a Power Of Attorney in Utah, step by step
- Decide what authority to give: general (broad powers) or limited (only certain tasks).
- Choose your agent and a backup agent—someone you trust completely.
- Get the right form: you can find a Utah power of attorney form online or from a legal stationery store.
- Fill out the form carefully, naming your agent, and specify any limits or special instructions.
- Sign your name in front of a notary public (and two witnesses for a medical POA).
- Give a copy to your agent and a trusted family member, and keep your original safe.
Cost considerations
The cost for a power of attorney in Utah varies. If you do it yourself with a basic form, you'll only pay for notarization fees, typically $10 to $20. Hiring an attorney to draft a custom POA might cost between $150 and $400, but it's worth it for complex situations.
Utah POA Checklist Before You Begin
Prepare properly to ensure your Utah power of attorney is valid and effective. Gather these essentials and understand the requirements before filling out forms.
- Choose the type of POA you need: general, durable, medical, or financial—each serves a different purpose.
- Identify a trusted agent and at least one backup agent who will act on your behalf.
- Have your full legal name, address, Social Security number, and other identifying information ready.
- In Utah, your POA must be signed by you and notarized to be valid—arrange for a notary before signing.
- For real estate transactions, the POA must be filed with the county recorder in the county where the property is located.
- Discuss your wishes with your agent and family to prevent confusion, and avoid common mistakes like vague language or forgetting to specify durable powers if you want it to survive incapacity.
Common questions
What's the difference between a durable and a non-durable POA in Utah?
A durable power of attorney stays in effect if you become incapacitated, while a non-durable ends if you lose mental capacity. In Utah, you must state clearly that the POA is durable for it to survive incapacity.
Do I need a notary for a Utah power of attorney?
Yes, for most POA forms, you should have your signature notarized. For a medical power of attorney, Utah law specifically requires either notarization or two witnesses.
Can I set up a power of attorney without a lawyer?
Absolutely. Many people use do-it-yourself forms that meet Utah's requirements. Just be sure to follow all rules, and if your situation is complex, talk to a lawyer.
When does my POA go into effect?
It depends on what you choose. You can make it effective immediately, or make it a 'springing' POA that kicks in only if a doctor says you're incapacitated.