Utah Code 75A-2-116. Judicial relief
Current as of: 2024 | Check for updates
|
Other versions
(1) The following persons may petition a court to construe a power of attorney or review the agent‘s conduct and grant appropriate relief:
Terms Used In Utah Code 75A-2-116
- Agent: includes an original agent, coagent, successor agent, and person to which an agent's authority is delegated. See Utah Code 75A-2-102
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-2-102 - Conservator: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-2-102 - Descendant: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-2-102 - Estate: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-2-102 - 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
- 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
- Trust: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-2-102
(1)(a) the principal or the agent;
(1)(b) a guardian, conservator, or other fiduciary acting for the principal;
(1)(c) a person authorized to make health care decisions for the principal;
(1)(d) the principal’s spouse, parent as defined in Section 75-1-201 , or descendant;
(1)(e) an individual who would qualify as a presumptive heir of the principal;
(1)(f) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;
(1)(g) a governmental agency having regulatory authority to protect the welfare of the principal;
(1)(h) the principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare; and
(1)(i) a person asked to accept the power of attorney.
(2) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.