Utah Code 75A-2-213. Personal and family maintenance
Current as of: 2024 | Check for updates
|
Other versions
(1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
Terms Used In Utah Code 75A-2-213
- Agent: includes an original agent, coagent, successor agent, and person to which an agent's authority is delegated. See Utah Code 75A-2-102
- Amortization: Paying off a loan by regular installments.
- Child: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-2-102 - Contract: A legal written agreement that becomes binding when signed.
- Dependent: A person dependent for support upon another.
- Organization: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-2-102 - Personal representative: means the same as that term is defined in Section
75-1-201 . 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
- Security: means the same as that term is defined in Section
75-1-201 . 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
(1)(a) perform the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse, and the following individuals, whether living when the power of attorney is executed or later born:
(1)(a)(i) a child of the principal;
(1)(a)(ii) other individuals legally entitled to be supported by the principal; and
(1)(a)(iii) the individuals whom the principal has customarily supported or indicated the intent to support;
(1)(b) make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
(1)(c) provide living quarters for the individuals described in Subsection (1)(a) by:
(1)(c)(i) purchase, lease, or other contract; or
(1)(c)(ii) paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;
(1)(d) provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in Subsection (1)(a);
(1)(e) pay expenses for necessary health care and custodial care on behalf of the individuals described in Subsection (1)(a);
(1)(f) act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;
(1)(g) continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in Subsection (1)(a);
(1)(h) maintain credit and debit accounts and open new accounts for the convenience of the individuals described in Subsection (1)(a); and
(1)(i) continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.
(2) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.