Power of Attorney Acceptance and Refusal Rules in Utah

At a glance

Requirements one by one

Covered power and first response

The acceptance procedure applies to a power purportedly verified before a notary or other authorized acknowledger (§ 75A-2-119(1)). Chapter 2 excludes health-care powers, government-purpose forms and other listed instruments (§ 75A-2-103). Once the power is presented for acceptance, the recipient generally must accept it or request permitted proof within seven business days (§ 75A-2-120(2)(a)).

Supporting requests and later response

The recipient may seek an agent's certification of facts under penalty of perjury, a translation if the power contains language other than English, or a counsel opinion on a legal matter with a recorded reason (§ 75A-2-119(4)). A translation or opinion is at the principal's expense unless requested more than seven business days after presentation (§ 75A-2-119(5)). After requested material arrives, the recipient generally has five business days to accept, subject to the refusal exceptions (§ 75A-2-120(2)(b), (3)).

Refusal and remedy

A person need not accept when the person would not otherwise be required to transact with the principal, the transaction would conflict with federal law, the person actually knows authority ended, requested proof is refused, the person has a good-faith concern about validity or authority, or the specified abuse report has been made (§ 75A-2-120(3)). A person refusing in violation of the section is subject to an order mandating acceptance and liability for reasonable attorney fees and costs in a proceeding confirming validity or mandating acceptance (§ 75A-2-120(4)–(5)).

What trips people up

The recipient may not demand an additional or different power-of-attorney form for authority already granted (§ 75A-2-120(2)(c)). Another law applicable to a financial institution or other entity controls if inconsistent with Chapter 2 (§ 75A-2-122).

Common questions

Must a refusal be explained in writing? Section 75A-2-120 specifies no general written rejection notice. A request for a counsel opinion must, however, give its reason in writing or another record (§ 75A-2-119(4)(c)).

Does the seven-day period require completion of the transaction? The provision requires acceptance of the acknowledged power or a permitted request for proof; it does not itself require a transaction that the recipient would not otherwise have to make (§ 75A-2-120(2)(a), (3)(a)).

Statutes and sources

Official Utah Code Title 75A, Chapter 2, accessed October 4, 2026.

Utah Code § 75A-2-103. “75A-2-103 Applicability. This chapter applies to all powers of attorney except: (1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) a power to make health care decisions; (3) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and (4) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.” Official statute (accessed October 4, 2026).

Utah Code § 75A-2-119. “75A-2-119 Acceptance of and reliance upon acknowledged power of attorney. (1) As used in this section, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements. (2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under Section 75A-2-105 that the signature is genuine. (3) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority. (4) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation: (a) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney; (b) an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (c) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. (5) An English translation or an opinion of counsel requested under this section shall be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance. (6) For purposes of this section and Section 75A-2-120, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.” Official statute (accessed October 4, 2026).

Utah Code § 75A-2-120. “75A-2-120 Liability for refusal to accept acknowledged power of attorney. (1) As used in this section, "acknowledged" means the same as that term is defined in Section 75A-2-119. (2) Except as otherwise provided in Subsection (3): (a) a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under Subsection 75A-2-119(4) no later than seven business days after presentation of the power of attorney for acceptance; (b) if a person requests a certification, a translation, or an opinion of counsel under Subsection 75A-2-119(4), the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel; and (c) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (3) A person is not required to accept an acknowledged power of attorney if: (a) the person is not otherwise required to engage in a transaction with the principal in the same circumstances; (b) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law; (c) the person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; (d) a request for a certification, a translation, or an opinion of counsel under Subsection 75A-2-119(4) is refused; (e) the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under Subsection 75A-2-119(4) has been requested or provided; or (f) the person makes, or has actual knowledge that another person has made, a report to the Division of Aging and Adult Services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent. (4) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to: (a) a court order mandating acceptance of the power of attorney; and (b) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney. (5) Court proceedings under this section shall be conducted in accordance with the provisions of Title 75, Utah Uniform Probate Code, governing venue and procedures.” Official statute (accessed October 4, 2026).

Utah Code § 75A-2-122. “75A-2-122 Laws applicable to financial institutions and entities. This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.” Official statute (accessed October 4, 2026).