Utah Code 75-9-403. Effect on existing powers of attorney
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Except as otherwise provided:
(1) this chapter applies to a power of attorney created before, on, or after May 10, 2016;
Terms Used In Utah Code 75-9-403
- Application: means a written request to the registrar for an order of informal probate or appointment under Chapter 3, Part 3, Informal Probate and Appointment Proceedings. See Utah Code 75-1-201 v2
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. 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
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
(2) this chapter applies to a judicial proceeding concerning a power of attorney commenced on or after May 10, 2016;
(3) this chapter applies to a judicial proceeding concerning a power of attorney commenced before May 10, 2016, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
(4) an act done before May 10, 2016, is not affected by this chapter.