As used in this chapter:

(1)

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Terms Used In Utah Code 75A-2-102

  • Agent: includes an original agent, coagent, successor agent, and person to which an agent's authority is delegated. See Utah Code 75A-2-102
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75A-2-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Estate: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-2-102
  • Incapacity: means the inability of an individual to manage property or business affairs because the individual:
         (14)(a) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
         (14)(b) is:
              (14)(b)(i) missing;
              (14)(b)(ii) detained, including incarcerated in a penal system; or
              (14)(b)(iii) outside the United States and unable to return. See Utah Code 75A-2-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 75A-2-102
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See Utah Code 75A-2-102
  • Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75A-2-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein. See Utah Code 75A-2-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75A-2-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 75A-2-102
  • Trust: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-2-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise.
     (1)(b) “Agent” includes an original agent, coagent, successor agent, and person to which an agent’s authority is delegated.
(2) “Beneficiary” means the same as that term is defined in Section 75-1-201.
(3) “Beneficiary designation” means the same as that term is defined in Section 75-1-201.
(4) “Child” means the same as that term is defined in Section 75-1-201.
(5) “Claims” means the same as that term is defined in Section 75-1-201.
(6) “Conservator” means the same as that term is defined in Section 75-1-201.
(7) “Descendant” means the same as that term is defined in Section 75-1-201.
(8) “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.
(9) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(10) “Estate” means the same as that term is defined in Section 75-1-201.
(11) “Fiduciary” means the same as that term is defined in Section 75-1-201.
(12) “Good faith” means honesty in fact.
(13) “Guardian” means the same as that term is defined in Section 75-1-201.
(14) “Incapacity” means the inability of an individual to manage property or business affairs because the individual:

     (14)(a) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
     (14)(b) is:

          (14)(b)(i) missing;
          (14)(b)(ii) detained, including incarcerated in a penal system; or
          (14)(b)(iii) outside the United States and unable to return.
(15) “Lease” means the same as that term is defined in Section 75-1-201.
(16) “Mortgage” means the same as that term is defined in Section 75-1-201.
(17) “Organization” means the same as that term is defined in Section 75-1-201.
(18) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(19) “Personal representative” means the same as that term is defined in Section 75-1-201.
(20) “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.
(21)

     (21)(a) “Presently exercisable general power of appointment,” with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal’s estate, the principal’s creditors, or the creditors of the principal’s estate.
     (21)(b) “Presently exercisable general power of appointment” includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period.
     (21)(c) “Presently exercisable general power of appointment” does not include a power exercisable in a fiduciary capacity or only by will.
(22) “Principal” means an individual who grants authority to an agent in a power of attorney.
(23) “Property” means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.
(24) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(25) “Security” means the same as that term is defined in Section 75-1-201.
(26) “Sign” means, with present intent to authenticate or adopt a record:

     (26)(a) to execute or adopt a tangible symbol; or
     (26)(b) to attach to or logically associate with the record an electronic sound, symbol, or process.
(27) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(28)

     (28)(a) “Stocks and bonds” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner.
     (28)(b) “Stocks and bonds” does not include commodity futures contracts and call or put options on stocks or stock indexes.
(29) “Trust” means the same as that term is defined in Section 75-1-201.
(30) “Trustee” means the same as that term is defined in Section 75-1-201.
(31) “Will” means the same as that term is defined in Section 75-1-201.

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