A Utah power of attorney revocation formally revokes a previously granted POA agreement. This form offers a way to discontinue the permissions a principal once wanted an agent to have. This ability is important to implement, especially when the original POA is durable and has no definitive end date.
Please fill out the form with all pertinent information, including the parties’ names and the specific form you’re nullifying. Proper distribution of this form the appropriate parties ensures clarity and informs a previous agent that they no longer have decision-making authority in your affairs.
Legal Considerations
Statute – Uniform Power of Attorney Act (Title 75A, Chapter 2).
Definitions – § 75A-2-102.
Signing Requirements – § 75A-2-105 – Notary public.
Revocation and Termination
Termination of POA
This occurs if:
- The principal dies.
- The principal becomes incapacitated (if the POA is nondurable).
- The principal revokes the form.
- The document specifies termination protocols, or it achieves its purpose.
- The principal revokes the agent’s authority.
- The agent dies, becomes incapacitated, or resigns, and the document doesn’t name a new agent to take the former’s place.
Termination of Agent’s Authority
This occurs if:
- The POA terminates.
- The principal revokes their authority.
- The agent resigns, dies, or becomes incapacitated.
- The marriage between the agent and the principal ends (if applicable).
Revocation Procedures
The principal can revoke a POA via one of these two methods:
- By substantial compliance with a method provided in the original document’s terms that expressly excludes all other revocation methods.
- By any other method recording clear and convincing evidence of the principal’s intent (only applicable if the terms of the POA don’t provide an exact method) (§ 75A-2-110).
Fees
- Notary: Notary fees often cost as low as $5, but notary publics can charge as much as $10 per signature.
- Recording: Depending on the county recorder’s office you file your revocation form in, you may pay between $20 and $50. You won’t have to pay this recording fee if you never recorded your original POA.
Resources
- Licensed Lawyer (Referral Service) – Helps people find a lawyer who specializes in particular areas.
- Utah Department of Health and Human Services (Aging and Adult Services) – Protects vulnerable adults from legal issues.
- ACLU of Utah – Provides various free and low-cost legal services.
Related Forms
Durable Power of Attorney
Signing Requirements: Notary public.
Minor (Child) Power of Attorney
Signing Requirements: Notary public.
Medical Power of Attorney
Signing Requirements: One witness.
