Effective 5/10/2016 75-9-104. Power of attorney is durable. A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal. Enacted by Chapter 256, 2016 General Session
Effective 5/4/2022 75-9-105. Execution of power of attorney. (1) A power of attorney shall be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney before a notary public or other individual authorized by the law to take […]
Effective 5/10/2016 75-9-106. Validity of power of attorney. (1) A power of attorney executed in this state on or after May 10, 2016, is valid if its execution complies with Section 75-9-105. (2) A power of attorney executed in this state before May 10, 2016, is valid if its execution complied with the law of […]
Effective 5/10/2016 75-9-107. Meaning and effect of power of attorney. The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was […]
Effective 5/4/2022 75-9-108. Nomination of conservator or guardian — Adequacy of power of attorney — Relation of agent to conservator or other fiduciary. (1) In a power of attorney, a principal may nominate a conservator of the principal’s estate or a guardian of the principal’s person for consideration by the court if protective proceedings for […]
Effective 5/10/2016 75-9-109. When power of attorney is effective. (1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (2) If a power of attorney becomes effective upon the […]
Effective 5/10/2016 75-9-110. Termination of power of attorney or agent’s authority. (1) A power of attorney terminates when: (a) the principal dies; (b) the principal becomes incapacitated, if the power of attorney is not durable; (c) the principal revokes the power of attorney; (d) the power of attorney provides that it terminates; (e) the purpose […]
Effective 5/10/2016 75-9-111. Coagents and successor agents. (1) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. (2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not […]
Effective 5/10/2016 75-9-112. Reimbursement and compensation of agent. Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. Enacted by Chapter 256, 2016 General Session
Effective 5/10/2016 75-9-113. Agent’s acceptance. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. Enacted by Chapter 256, 2016 General Session
Effective 5/10/2016 75-9-114. Agent’s duties. (1) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (a) act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest; (b) act in good faith; (c) act only within the scope […]
Effective 5/10/2016 75-9-115. Exoneration of agent. A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision: (1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, […]
Effective 5/10/2016 75-9-116. Judicial relief. (1) The following persons may petition a court to construe a power of attorney or review the agent’s conduct and grant appropriate relief: (a) the principal or the agent; (b) a guardian, conservator, or other fiduciary acting for the principal; (c) a person authorized to make health care decisions for […]
Effective 5/10/2016 75-9-117. Agent’s liability. An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to: (1) restore the value of the principal’s property to what it would have been had the violation not occurred; and (2) reimburse the principal or the principal’s successors […]
Effective 5/10/2016 75-9-118. Agent’s resignation — Notice. Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (1) to the guardian, if one has been appointed for the principal, and a coagent or successor agent; or […]
Effective 5/10/2016 75-9-119. Acceptance of and reliance upon acknowledged power of attorney. (1) For purposes of this section and Section 75-9-120, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgements. (2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature […]
Effective 5/10/2016 75-9-120. Liability for Refusal to Accept Acknowledged Power of Attorney. (1) Except as otherwise provided in Subsection (2): (a) a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under Subsection 75-9-119(4) no later than seven business days after presentation of the […]
Effective 5/10/2016 75-9-121. Principles of law and equity. Unless displaced by a provision of this chapter, the principles of law and equity supplement this act. Enacted by Chapter 256, 2016 General Session
Effective 5/10/2016 75-9-122. Laws applicable to financial institutions and entities. This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter. Enacted by Chapter 256, 2016 General Session
Effective 5/10/2016 75-9-123. Remedies under other law. The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter. Enacted by Chapter 256, 2016 General Session
