Utah Code 75A-2-105. Execution of power of attorney
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Terms Used In Utah Code 75A-2-105
- Agent: includes an original agent, coagent, successor agent, and person to which an agent's authority is delegated. 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
- 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. See Utah Code 75A-2-102
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
(1)(a) 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 acknowledgments.(1)(b) A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
(2) If the principal resides or is about to reside in a hospital, assisted living, skilled nursing, or similar facility, at the time of execution of the power of attorney, the principal may not name any agent that is the owner, operator, health care provider, or employee of the hospital, assisted living facility, skilled nursing, or similar residential care facility unless:
(2)(a) the agent is the spouse, legal guardian, or next of kin of the principal; or
(2)(b) the agent’s authority is strictly limited to the purpose of assisting the principal to establish eligibility for Medicaid.
(3) A violation of Subsection (2) is a violation of Section 76-5-111.4 .