Utah Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

Utah adopted the Uniform Power of Attorney Act (UPOAA) as Title 75A, Chapter 2 of the Utah Code, effective September 1, 2024. The new law, enacted in the 2024 General Session as Senate Bill 79, replaced the earlier uniform act that had been codified at Title 75, Chapter 9. Under the current statute, a financial power of attorney is durable by default: it survives the principal's incapacity unless the document expressly says otherwise. Healthcare decision-making is handled under a completely separate law, the Uniform Health Care Decisions Act, now found at Utah Code Title 75A, Chapter 9 (effective January 1, 2026). A financial power of attorney does not authorize medical decisions, and a power of attorney for health care does not authorize financial transactions.

For the full 50-state overview, see our national Power of Attorney guide.

What a Power of Attorney Does in Utah

A power of attorney is a written legal document in which one person, the principal, authorizes another person, the agent (sometimes called the attorney-in-fact), to act on the principal's behalf in financial, property, and related legal matters. The scope of authority can be sweeping, covering banking, real estate, investments, taxes, and business operations, or it can be narrow, limited to a single act such as signing a real estate closing while the principal is traveling. Whatever authority the document grants ends the moment the principal dies. A power of attorney is not a substitute for a will and cannot direct what happens to assets after death.

Utah draws a firm distinction between financial authority and healthcare authority. Financial and property powers are governed by the Uniform Power of Attorney Act at Utah Code Title 75A, Chapter 2. Healthcare decision-making is governed by the Uniform Health Care Decisions Act at Utah Code Title 75A, Chapter 9 (effective January 1, 2026). A financial POA does not confer any authority over medical care, and a power of attorney for health care does not authorize financial transactions. Many Utah residents sign both documents as part of a coordinated estate plan.

Durable Power of Attorney in Utah

Under Utah Code 75A-2-104, a power of attorney created under Chapter 2 is durable unless the document expressly provides that it is terminated by the incapacity of the principal. This is the opposite of the older default rule and means that most properly drafted Utah POAs will automatically survive the principal's incapacity without any special language.

If a principal wants a traditional non-durable POA that ends at incapacity, the document must say so. If the goal is to create a durable POA that only springs into effect upon incapacity, the principal can specify a future date or a triggering event, such as a physician's determination of incapacity, as the effective date under Utah Code 75A-2-109.

The durable-by-default rule makes Utah's UPOAA framework very practical for estate planning. A principal does not have to remember special durability language; the document is presumed to survive incapacity unless it expressly opts out. This reduces the risk that a caregiver or family member will be left without financial authority precisely when it is most needed.

How to Create a Valid Utah Power of Attorney

Under Utah Code 75A-2-105, a financial power of attorney must be signed by the principal before a notary public or another individual authorized by law to take acknowledgments. If the principal is physically unable to sign, another individual may sign the principal's name at the principal's direction, as long as that signing occurs in the principal's conscious presence and before a notary. No separate witness signature is required for a financial POA under Utah law. Principals can also turn to an online generator, which can work up a Utah power of attorney as a starting document for the principal to sign before a notary.

A signature on a power of attorney is presumed to be genuine if the principal acknowledges it before a notary public. That presumption matters in practice: banks, brokerages, and title companies are far more likely to accept a notarized POA without demanding additional proof of authenticity.

The statute includes one important restriction on agent selection. If the principal resides in a hospital, nursing facility, or other care facility, the owner, operator, or employee of that facility may not be named as the agent unless that person is the principal's spouse, legal guardian, or next of kin, or unless the authority is limited solely to qualifying the principal for Medicaid. This rule protects vulnerable principals from undue influence by caregivers who may benefit financially from the arrangement.

A well-drafted Utah POA should clearly identify both the principal and the agent by full legal name, state the effective date or triggering event, specify the scope of authority, note whether the POA is intended to be durable (or, if opting out of the default, expressly state that it terminates at incapacity), and be dated at execution.

Utah also provides a statutory form power of attorney under Utah Code 75A-2-301. Using or substantially following the statutory form is not required, but a POA in that form is entitled to the protections and presumptions of Chapter 2.

What a Utah Agent Can and Cannot Do

The scope of a Utah agent's authority depends on what the document grants. Under Utah Code 75A-2-201 through 75A-2-217, the POA may grant authority over defined subject areas such as real property, tangible personal property, bank accounts, stocks and bonds, insurance, retirement plans, taxes, trusts, and personal maintenance. Granting authority over a described subject area by using the statutory descriptive term or citing the relevant section gives the agent broad authority within that category.

Certain powers, however, are treated as high-stakes authorities that require an express grant, even if the document uses broad general-authority language. Under Utah Code 75A-2-201, these hot powers include the authority to:

• Create, amend, revoke, or terminate an inter vivos (living) trust.
• Make a gift on behalf of the principal.
• Create or change rights of survivorship.
• Create or change a beneficiary designation.
• Delegate the agent's own authority to another person.
• Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan.
• Exercise fiduciary powers that the principal has the authority to delegate.
• Disclaim property or otherwise exercise a power of appointment.

General authority language alone does not grant any of these powers. Each must be spelled out expressly in the document.

All agents owe the principal a duty of loyalty and must act under Utah Code 75A-2-114 in accordance with the principal's reasonable expectations and best interest, in good faith, and within the scope of the authority granted. The agent must maintain records of all transactions made on the principal's behalf, use care and competence in carrying out duties, and attempt to preserve the principal's estate plan to the extent consistent with the principal's best interest. An agent who breaches these duties can be held liable for any resulting harm.

Advance Health Care Directive in Utah

Healthcare decision-making in Utah is governed by a completely separate statute from the financial power of attorney. Effective January 1, 2026, the governing law is the Uniform Health Care Decisions Act at Utah Code Title 75A, Chapter 9, enacted by 2025 S.B. 134. This law replaced and repealed the former Advance Health Care Directive Act (Title 75A, Chapter 3, including former § 75A-3-301), which is no longer in effect. A financial power of attorney under Chapter 2 confers no health care authority, because Chapter 2 expressly excludes powers to make health care decisions from its coverage (Utah Code 75A-2-103(2)). Health care authority therefore has to be created under Chapter 9, which has its own execution requirements and is in practice a separate document.

An advance health care directive under Chapter 9 allows a Utah adult to do any or all of the following: appoint a health care agent through a power of attorney for health care; provide health care instructions expressing the individual's preferences for future care, including end-of-life wishes; or both. The health care agent's authority is triggered when the individual lacks capacity to make or communicate healthcare decisions.

Execution requirements are set out in Utah Code 75A-9-107(4). A power of attorney for health care must be in a record, signed by the individual creating it, and signed by one adult witness. The witness must reasonably believe the individual is acting voluntarily and knowingly, and must be present when the individual signs or represents that the document reflects the individual's wishes. No notary public is required. The witness may not be: (i) the appointed agent; (ii) the agent's spouse or cohabitant; or (iii) if the individual lives or is receiving care in a nursing home or assisted living facility, the owner, operator, employee, or contractor of that facility.

Once effective, the health care agent may make any healthcare decision the individual could have made, unless the directive limits that authority. This includes decisions about hospitalization, surgery, medication, and, where expressly authorized, the withholding or withdrawal of life-sustaining treatment.

A financial power of attorney does not confer any authority over healthcare decisions. If you want someone to manage both your finances and your medical care during incapacity, you need both grants: a financial POA under Title 75A, Chapter 2 and a power of attorney for health care under Title 75A, Chapter 9. The two grants are executed differently, so they are normally signed as two separate documents. To cover both, let a Utah estate planning lawyer walk you through the two documents and each signing in a free case evaluation (attorney advertising).

Revoking or Ending a Utah Power of Attorney

Under Utah Code 75A-2-110, a Utah financial power of attorney terminates when any of the following occurs:

• The principal dies.
• The principal revokes the POA while still having capacity to do so.
• The POA provides an expiration date and that date arrives.
• The purpose of a limited POA is accomplished.
• The agent dies, resigns, or becomes incapacitated and no successor agent is named (Utah Code 75A-2-110(1)(f)).
• An action is filed for the dissolution or annulment of the agent's marriage to the principal, or for their legal separation, unless the power of attorney otherwise provides (Utah Code 75A-2-110(2)(c)).

A principal with capacity may revoke a financial POA at any time by any method that manifests clear and convincing evidence of intent, unless the POA specifies an exclusive revocation method (Utah Code 75A-2-110(7)). No particular form is legally required. Best practice is to provide a signed written revocation to the agent and to notify any financial institution, lender, or other third party that holds a copy of the original POA. If the POA was recorded with a county recorder because real property transactions were involved, the revocation should also be recorded.

Revocation is not effective against an agent or a third party who, without actual knowledge of the revocation, acts in good faith in reliance on the POA. This rule protects innocent third parties but means that a private intent to revoke, without communication to the agent and relying parties, accomplishes nothing legally.

For an advance health care directive, the declarant may revoke the document at any time and in any manner, including by destroying it, signing a written revocation, or making an oral statement of revocation in front of a witness. Treating health care providers must be notified of the revocation.

All powers of attorney end at the principal's death. A durable POA survives incapacity, not death. After the principal dies, authority over the estate passes to the executor or administrator named in the will or appointed by a court.

Disclaimer: This page provides general legal information about Utah power of attorney laws and is not legal advice. Laws change, and individual circumstances vary. Consult a licensed Utah attorney for advice specific to your situation.

Statutes cited reflect their in-force version as of May 31, 2026.

More Utah Laws

• Utah Alimony Laws
• Utah Divorce Laws
• Utah Probate Laws

Frequently Asked Questions

Is a Utah power of attorney durable by default?

Yes. Under Utah Code 75A-2-104, a power of attorney created under Title 75A, Chapter 2 is durable by default and survives the principal's incapacity unless the document expressly states that it terminates at incapacity. This is the opposite of the older rule, where durability required special language. Utah adopted this durable-by-default rule as part of its 2024 recodification of the Uniform Power of Attorney Act.

Does Utah require witnesses for a financial power of attorney?

No. Utah Code 75A-2-105 requires only that the principal sign the POA before a notary public (or another individual authorized to take acknowledgments). No separate witness signature is required for a financial power of attorney. However, if the agent will conduct any transaction involving real property, notarization is strongly advisable, and practical acceptance by banks and financial institutions also favors a notarized document.

What are the hot powers under Utah's POA law?

Under Utah Code 75A-2-201, hot powers are authorities so consequential that they require an express grant and cannot be conferred by general authority language alone. They include: creating, amending, revoking, or terminating a living trust; making gifts; creating or changing rights of survivorship; creating or changing beneficiary designations; delegating the agent's own authority; waiving rights to a joint and survivor annuity; exercising delegable fiduciary powers; and disclaiming property or exercising a power of appointment. If these powers are not expressly listed in the POA, the agent cannot exercise them.

Can a Utah financial power of attorney cover healthcare decisions?

No. A financial power of attorney under Utah Code Title 75A, Chapter 2 does not authorize anyone to make healthcare decisions. Chapter 2 expressly excludes powers to make health care decisions from its coverage (Utah Code 75A-2-103(2)), so healthcare decision-making authority has to be created under the Uniform Health Care Decisions Act, now found at Utah Code Title 75A, Chapter 9 (effective January 1, 2026). The two grants have different execution requirements, so in practice they are signed as two separate documents.

What is Utah's Advance Health Care Directive, and how is it executed?

Effective January 1, 2026, Utah's healthcare directive law is the Uniform Health Care Decisions Act at Utah Code Title 75A, Chapter 9. A power of attorney for health care under that chapter allows a Utah adult to appoint a health care agent to make medical decisions if the individual loses capacity. To be valid, the document must be in writing, signed by the individual, and signed by one adult witness under Utah Code 75A-9-107(4). No notary is required. The witness cannot be the appointed agent, the agent's spouse or cohabitant, or (if the individual lives or receives care in a nursing home or assisted living facility) an owner, operator, employee, or contractor of that facility.

Can a third party in Utah refuse to accept a power of attorney?

Not without good reason. Under Utah Code 75A-2-120, a person presented with an acknowledged POA must either accept it or, within seven business days, request a certification of the POA, a translation, or an opinion of counsel regarding any matter of law. A person who refuses to accept a valid acknowledged POA can be ordered by a court to honor it and may be required to pay the principal's or agent's attorney fees.

How do I revoke a Utah power of attorney?

A principal with capacity can revoke a Utah financial POA at any time. No particular form of revocation is legally required; any method that manifests clear and convincing evidence of the principal's intent is sufficient (Utah Code 75A-2-110(7)). Best practice is a signed written revocation delivered to the agent. You should also notify any financial institution or third party that holds a copy of the POA. If the POA was recorded with a county recorder for a real property transaction, record the revocation there as well. Note also that under Utah Code 75A-2-110(2)(c), an agent's authority terminates automatically when an action is filed for the dissolution or annulment of the agent's marriage to the principal, or for their legal separation, unless the power of attorney otherwise provides. Revocation is not effective against a third party who acts in good faith without actual knowledge of the revocation.