where do you record a power of attorney in utah?

In this situation, the agent will sign the property deed on behalf of the principal, and the Power of Attorney will be recorded in the appropriate real estate records, along with the deed. However, this is done to show that the agent did, in fact, have authority to sign the deed.

Full Answer

How do I get a power of attorney in Utah?

Jul 28, 2020 · Executing a power of attorney under Utah law The power of attorney document must be signed by the principal before a notary public. If the principal is not able to physically sign the document, then another person acting at the principal's direction in the principal's conscious presence may sign the document before a notary public.

Can a power of attorney make health care decisions in Utah?

The power of attorney can be transferred to your child or someone you trust so that care can continue to be administered in your best interests. Durable Power of Attorney A durable power of attorney enables the agent to remain in control of the specified functions even if a court renders you mentally incapacitated or unfit.

Does a power of attorney need to be recorded?

Utah Statutory Form Power of Attorney Utah Code 75-9-101 et seq. May 2016 Rev. December 10, 2018 Page 1 of 6 UTAH STATUTORY FORM POWER OF ATTORNEY Utah Code Sections 75-9-101 et seq. IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal).

Who can sign a power of attorney?

Check this box if you do not wish to revoke all prior power(s)-of-attorney. ... Representative signature Title Date Utah State Tax Commission 210 N 1950 W, SLC, UT 84134 † tax.utah.gov † 801-297-2200 † fax: 801-297-3573 Power of Attorney and Declaration of Representative TC-737 Rev. 1/21. Title: TC-737, Power of Attorney and Declaration ...

What Is A Power of Attorney?

A power of attorney is a legal document in which one person (called the "principal") gives to another person (the "agent," or sometimes called the...

Executing A Power of Attorney Under Utah Law

The power of attorney document must be signed by the principal before a notary public. If the principal is not able to physically sign the document...

Changing, Revoking and Terminating A Power of Attorney

A principal can revoke or change a power of attorney at any time. The change must comply with all of the requirements of the original power of atto...

Important Points to Remember

1. You can't get a power of attorney over someone: it has to be given to you. 2. The person creating the power of attorney (the principal) must hav...

What is the meaning of the power of attorney?

If you violate Title 75, Chapter 9, Uniform Power of Attorney Act, or act outside the authority granted, you may be liable for any damages caused by your violation.

What happens when you accept a power of attorney?

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You shall:

What does a financial power of attorney do?

In many situations, a Financial Power of Attorney will authorize an agent to sell property on behalf of the principal ( the person who made the Power of Attorney).

Do you need a power of attorney to be effective?

A Power of Attorney, like a Trust, does not need to be registered or recorded in the public records in order to be effective. It does have to be in writing, signed, witnessed and notarized. However, once your agent is appointed via a valid Power of Attorney, he or she simply has to present the document at the institution where business is ...

How much is a notary bond in Utah?

Utah requires every notary be bonded in the amount of $5000. This money reimburses any person for financial losses caused by a notary’s mistake or misconduct. Once funds are paid to the victim the bonding company will seek to recover this amount from the notary.

What is signature witnessing?

What is a Signature Witnessing? UCA §46-1-2 (13) A notarial act in which an individual (a) appears in person before a notary and presents a document; ( b) provides the notary satisfactory evidence of the individual’s identity, or is personally known to the notary; and (c) signs the document in the presence of the notary.

What is an acknowledgment in a notary?

UCA §46-1-2 defines an acknowledgment as follows: a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document’s stated purpose.

What is a notary act?

UCA §46-1-2 (5) A notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has made, in the notary’s presence, a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed document.

What is the UCA 46-1-13?

Without it, you’re on your own. UCA §46-1-13 A remote notary shall keep a secure electronic journal of each remote notarization the notary performs. Utah law requires all remote notaries to keep a secure electronic notarial journal.

What does it mean to be named in a document?

Being named in a document means that the notary may not act as an impartial party. In other countries, notaries can be “civil notaries” which means they can go above and beyond what a notary in Utah can do. They can also attest to information outside of what is lawfully allowable for a non-attorney notary in Utah.

What is the signer of a document?

The signer is in the presence of the notary. The signer is either personally known to the notary or has proven by satisfactory evidence to be who he/she claims. The signer affirms or swears an oath attesting to the truthfulness of the document. The signer is voluntarily signing the document.

What is a power of attorney?

Power of attorney is the designation of granting power to a person (“agent”) to handle the affairs of someone else (“principal”). The designation may be for a limited period of time or for the remainder of the principal’s life. The principal can appoint an agent to handle any type of act legal under law. The most common types transfer financial ...

Who will keep forms after signing?

These forms are not filed with any government agency or office so it will be up to each individual to securely maintain the form until it is needed.

What is an agent in law?

An agent, also known as an Attorney-in-Fact, is the individual that will be making the important decisions on your behalf. This individual does not need to be an attorney, although an attorney can be your agent.

Does power of attorney matter in which state?

A: The power of attorney must be tailored for the state in which your parent resides. It does not matter which state you live in, as long as the power of attorney is applicable to the principal’s state of residence, which in this case is your parent, is what matters.