Utah Power of Attorney

A power of attorney is a writing or other record that grants authority to an another person to act in the place of the person who granted the power of attorney (the term “power of attorney” does not actually have to be used in the writing or record.) Utah Code 75-9-102(7)

“Durable” power of attorney means that the power of attorney is not terminated upon the incapacity of the person who granted the power of attorney. Utah Code 75-9-102(2). A power of attorney is considered durable unless it expressly states that it terminates upon the incapacity of the person who granted the power of attorney. Utah Code 75-9-104.

General a power of attorney must be signed before a notary public. 75-9-105