Power of Attorney in Utah

Utah has adopted the Uniform Power of Attorney Act. A power of attorney is durable unless it expressly says it ends on the principal's incapacity. It must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) before a notary public or other person authorized to take acknowledgments, and the principal must understand that he or she is appointing an agent to handle financial affairs. A principal living in, or about to move into, a hospital, assisted living, skilled nursing or similar facility may not name the facility's owner, operator, health care provider or employee as agent unless that person is a spouse, guardian or next of kin or the authority is limited to Medicaid eligibility. The statute includes a Statutory Form Power of Attorney.

Effective January 1, 2026, Utah follows the Uniform Health Care Decisions Act. An adult may give health care instructions and create a power of attorney for health care. A power of attorney for health care must be in a record, signed by the individual, and signed by one adult witness who believes the act is voluntary and knowing and who is present (in person, by real-time audio-video, or in some cases by real-time audio). The witness may not be the agent, the agent's spouse or cohabitant, or, if the individual lives or receives care in a nursing home or assisted living facility, its owner, operator, employee or contractor. The statute includes an optional Advance Health Care Directive form.

Utah has an optional "Statutory Form Power of Attorney" for property and finances under the Uniform Power of Attorney Act (Utah Code 75A-2-301); the form states that it does not authorize the agent to make health care decisions. A power of attorney must be signed by the principal (or by another individual at the principal's direction in the principal's conscious presence) before a notary public or other person authorized to take acknowledgments, and the principal must have enough capacity to understand that they are appointing an agent for their financial affairs (75A-2-105). For health care, the Uniform Health Care Decisions Act (effective January 1, 2026) provides an optional "Advance Health Care Directive" form (75A-9-110). A power of attorney for health care must be in a record signed by the individual and by one adult witness who is present (in person or as the statute allows electronically) and is not the agent, the agent's spouse or cohabitant, or, for a nursing home or assisted living resident, the facility's owner, operator, employee or contractor (75A-9-107).