Updated August 3, 2026. Quick answer: As of the 5/7/2025 amendment, a principal (or another individual signing in the principal’s conscious presence at the principal’s direction) must sign the power of attorney before a notary public or other individual authorized to take acknowledgments, and the principal must have sufficient mental capacity to understand that an agent is being appointed to handle financial affairs; the statute does not require any witnesses.. This state publishes a free official form, linked below. A power of attorney here is durable by default — it survives incapacity unless it says otherwise.
| Execution | As of the 5/7/2025 amendment, a principal (or another individual signing in the principal’s conscious presence at the principal’s direction) must sign the power of attorney before a notary public or other individual authorized to take acknowledgments, and the principal must have sufficient mental capacity to understand that an agent is being appointed to handle financial affairs; the statute does not require any witnesses. |
| Statutory form | Yes — Utah Code § 75A-2-301 (Title 75A, Chapter 2, Part 3, “Statutory Forms”) |
| Durability | Durable by default |
| Who may not witness | none stated for witnesses (there is no witness requirement); a related but distinct rule in § 75A-2-105(2) bars naming a care facility’s owner, operator, health-care provider, or employee as the AGENT if the principal resides or is about to reside in that facility, unless the agent is the principal’s spouse, legal guardian, or next of kin, or the agent’s authority is limited to helping establish Medicaid eligibility |
| Agent must accept in writing | No |
| Statute | Utah Code Title 75A (Fiduciaries), Chapter 2, §§ 75A-2-101 et seq., the “Uniform Power of Attorney Act” |
What decides whether the document is valid
As of the 5/7/2025 amendment, a principal (or another individual signing in the principal’s conscious presence at the principal’s direction) must sign the power of attorney before a notary public or other individual authorized to take acknowledgments, and the principal must have sufficient mental capacity to understand that an agent is being appointed to handle financial affairs; the statute does not require any witnesses. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: none stated for witnesses (there is no witness requirement); a related but distinct rule in § 75A-2-105(2) bars naming a care facility’s owner, operator, health-care provider, or employee as the AGENT if the principal resides or is about to reside in that facility, unless the agent is the principal’s spouse, legal guardian, or next of kin, or the agent’s authority is limited to helping establish Medicaid eligibility This is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
The free official form
Utah publishes a form at no cost: the official Utah power of attorney form. For a straightforward appointment this is usually all you need, and there is no reason to pay for a copy of it.
Durability — the point most people get wrong
Here a power of attorney is durable by default: it keeps working after the principal loses capacity unless the document says it should not. That is the opposite of the historical rule and it is why old advice about needing magic words can mislead.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Utah addresses this by statute: Yes. Under Utah Code § 75A-2-120, a person presented with an acknowledged power of attorney must accept it, or within 7 business days request a certification, translation, or opinion of counsel under § 75A-2-119(4); if requested, must then accept within 5 business days of receiving it, subject to enumerated refusal grounds. A person who wrongfully refuses is subject to a court order mandating acceptance and liability for reasonable attorney fees and costs.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
If the free form does not fit your situation
Use the official form above first — it is free, it is written to satisfy this state’s own statute, and for a straightforward appointment it is usually all that is needed. Software is worth paying for when the situation outgrows a fixed form: co-agents, successor agents, limits on gifting, or a bank that has already given you trouble. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.