Utah General Power of Attorney

State:
Multi-State
Control #:
US-04099BG
Format:
Word; 
Rich Text
Instant download

Description

Agency is a relationship based on an agreement authorizing one person, the agent, to act for another, the principal. For example an agent may negotiate and make contracts with third persons on behalf of the principal. Actions of an agent can obligate the principal to third persons. Actions of an agent may also give a principal rights against third persons.


An agency can be created for the purpose of doing almost any act the principal could do. However, there are some acts that must be done in person and cannot be done by an agent. Examples would be: testifying in court for another individual, making a will, and voting.


A general agent is authorized by the principal to transact all the affairs of a particular kind of business. For example, a person appointed as manager of a store is a general agent.


A special agent is authorized by the principal to handle a particular business transaction or perform a specific act. For example, a specific power of attorney appointing an agent (attorney-in-fact) to sell a particular piece of real estate or a certain car would be the appointment of a special agent.


A universal agent is authorized by the principal to do any act that can be delegated to a representative. An example would be giving a person a general power of attorney. This form is such a general power of attorney.

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FAQ

The basic requirements for a Utah last will and testament include the following: Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testator's name in his conscious presence, by his direction.

Difference Between General And Special Power Of Attorney A General power of Attorney is very much different from a Special power of Attorney. The GPA always confers a general power of performing while the Special power of Attorney confers only a specific power to perform any particular act or task.

Is the Special Power of Attorney still valid? The SPA is no longer valid because one of the modes of extinguishing the agency is the death of the principal (or the agent).

The Power of Attorney registration process includes the following formalities:Drafting of the Power of attorney whether general or special, by a.Submitting the POA with the Sub-Registrar.Attaching the supporting documents with the POA.Attesting the POA before the Registrar.Attesting of the POA by 2 witnesses.

Utah Power of Attorney Forms allows an individual to choose another party to represent them and make financial, medical, tax (filing), and parental guardianship (minor child) decisions on their behalf.

Can I get power of attorney without consent of the donor? No! This is similar to the situation of someone having lost their mental capacity. If someone is lacking in mental capacity, they can't make a valid decision to appoint you as attorney.

General Power of Attorney vs. Special Power of Attorney. While a special power of attorney gives the agent authority for a limited set of actions under a restricted set of circumstancessuch as buying or selling a home, withdrawing money from an account, or running a businessa general power of attorney is more broad.

The change must comply with all of the requirements of the original power of attorney document. It must be in writing, signed and should be notarized, and, at the time of the change, the principal must understand that s/he is appointing an agent to handle his or her affairs.

A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care. A limited power of attorney restricts the agent's power to particular assets.

If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.

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Utah General Power of Attorney