Utah Code 75-9-118. Agent’s resignation — Notice
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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
Terms Used In Utah Code 75-9-118
- Agent: includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another's health care, and an individual authorized to make decisions for another under a natural death act. See Utah Code 75-1-201 v2
- Incapacitated: means a judicial determination after proof by clear and convincing evidence that an adult's ability to do the following is impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care:(24)(a) receive and evaluate information;(24)(b) make and communicate decisions; or(24)(c) provide for necessities such as food, shelter, clothing, health care, or safety. See Utah Code 75-1-201 v2
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- 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
(2) if there is no person described in Subsection (1), to:(2)(a) the principal’s caregiver;(2)(b) another person reasonably believed by the agent to have sufficient interest in the principal’s welfare; or(2)(c) a governmental agency having authority to protect the welfare of the principal.