Utah · Power of attorneyUtah power of attorney at closing: notarization, recording a copy and acceptance

Under Utah's Uniform Power of Attorney Act, the principal may sign a power of attorney, or direct another individual in the principal's conscious presence to sign the principal's name, if it is signed before a notary public or another individual authorized to take acknowledgments and the principal has enough mental capacity at that time to understand that they're appointing an agent to handle their financial affairs; a signature acknowledged before a notary is presumed genuine (Utah Code 75A-2-105(1)). A power executed in Utah on or after May 10, 2016 is valid if it meets that rule, and one executed elsewhere is valid if it met the law that governs it. A photocopy or electronically transmitted copy has the same effect as the original unless another statute says otherwise, and for a real property transaction the copy may be recorded in the county where the property lies when attached to an affidavit of the person accepting the power (75A-2-106). A person that accepts an acknowledged power in good faith may rely on it and may ask for an agent's certification under penalty of perjury, an English translation, or an opinion of counsel with a written reason (75A-2-119). It must accept the power or make that request within seven business days after presentation, then accept within five business days after receiving what it asked for, and it can't require a different form; a wrongful refusal can bring a court order and attorney fees (75A-2-120).