reglab/housing_qa huggingface dataset:
UT Code § 75-7-1013 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|Section 1013 - Certification of trust.

75-7-1013. Certification of trust.    (1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:   (a) that the trust exists and the date the trust instrument was executed;     (b) the identity of the settlor;     (c) the identity and address of the currently acting trustee;     (d) the powers of the trustee in the pending transaction;     (e) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;     (f) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and     (g) the name in which title to trust property may be taken.       (2) A certification of trust may be signed or otherwise authenticated by any trustee.     (3) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.     (4) A certification of trust need not contain the dispositive terms of a trust.     (5) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.     (6) A person who acts in reliance upon a certification of trust without knowledge that the representations contained in it are incorrect is not liable to any person for acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.     (7) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.     (8) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for costs, expenses, attorney fees, and damages if the court determines that the person did not act in good faith in demanding the trust instrument.     (9) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-1101 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 11 - Miscellaneous Provisions|Section 1101 - Uniformity of application and construction.

75-7-1101. Uniformity of application and construction.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-1102 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 11 - Miscellaneous Provisions|Section 1102 - Electronic records and signatures.

75-7-1102. Electronic records and signatures.  The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7002) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-1103 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 11 - Miscellaneous Provisions|Section 1103 - Application to existing relationships.

75-7-1103. Application to existing relationships.    (1) Except as otherwise provided, this chapter applies to:   (a) all trusts created before, on, or after July 1, 2004;     (b) all judicial proceedings concerning trusts commenced on or after July 1, 2004; and     (c) judicial proceedings concerning trusts commenced before July 1, 2004 unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded section will apply.       (2) Any rule of construction or presumption provided in this chapter applies to trust instruments executed before July 1, 2004 unless there is a clear indication of a contrary intent in the terms of the trust.     (3) An act done before July 1, 2004 is not affected by this chapter.     (4) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before July 1, 2004, that statute continues to apply to the right even if it has been repealed or superseded.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-1201 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 12 - Foreign Trustees|Section 1201 - Foreign trustees.

75-7-1201. Foreign trustees.    (1) A foreign corporate trustee is required to qualify as a foreign corporation doing business in this state if it maintains the principal place of administration of any trust within the state.     (2) A foreign corporate cotrustee is not required to qualify in this state solely because its cotrustee maintains the principal place of administration in this state.     (3) Unless otherwise doing business in this state, local qualification by a foreign corporate trustee is not required in order for the trustee to receive distribution from a local estate or to hold, invest in, manage, or acquire property located in this state, or maintain litigation if the state of the principal place of business of the foreign corporate trustee provides substantially similar provisions applicable to trustees from this state.     (4) Local qualification by a foreign trustee other than a corporation is not required in order for the trustee to receive distribution from a local estate or to hold, invest in, manage, or acquire property located in this state or maintain litigation.     (5) Nothing in this section affects a determination of what other acts require qualification as doing business in this state.    Enacted by Chapter 1, 2004 Special Session 4Enacted by Chapter 1, 2004 Special Session 4
UT Code § 75-9-101 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 101 - Title.

 Effective 5/10/2016  75-9-101. Title.  This chapter is known as the "Uniform Power of Attorney Act." Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-103 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 103 - Applicability.

 Effective 5/10/2016  75-9-103. 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.    Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-104 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 104 - Power of attorney is durable.

 Effective 5/10/2016  75-9-104. Power of attorney is durable.  A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal. Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-105 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 105 - Execution of power of attorney.

 Effective 5/12/2020  75-9-105. Execution of power of attorney.    (1) A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney before a notary public or other individual authorized by the law to take acknowledgments. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.     (2) If the principal resides or is about to reside in a hospital, assisted living, skilled nursing, or similar facility, at the time of execution of the power of attorney, the principal may not name any agent that is the owner, operator, health care provider, or employee of the hospital, assisted living facility, skilled nursing, or similar residential care facility unless the agent is the spouse, legal guardian, or next of kin of the principal, or unless the agent's authority is strictly limited to the purpose of assisting the principal to establish eligibility for Medicaid.     (3) A violation of Subsection (2) is a violation of Subsection 76-5-111(9)(a).    Amended by Chapter 354, 2020 General Session
UT Code § 75-9-106 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 106 - Validity of power of attorney.

 Effective 5/10/2016  75-9-106. Validity of power of attorney.    (1) A power of attorney executed in this state on or after May 10, 2016, is valid if its execution complies with Section 75-9-105.     (2) A power of attorney executed in this state before May 10, 2016, is valid if its execution complied with the law of this state as it existed at the time of execution.     (3) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:   (a) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 75-9-107; or     (b) the requirements for a military power of attorney pursuant to 10 U.S.C. Sec. 1044b.       (4) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. For transactions involving real property, the copy of the power of attorney may be recorded in the county where the transaction lies when attached to an affidavit of the person accepting the power of attorney.    Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-107 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 107 - Meaning and effect of power of attorney.

 Effective 5/10/2016  75-9-107. Meaning and effect of power of attorney.  The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-108 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 108 - Nomination of conservator or guardian -- Relation of agent to court appointed fiduciary.

 Effective 5/10/2016  75-9-108. Nomination of conservator or guardian -- Relation of agent to court appointed fiduciary.    (1) In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.     (2) If, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.    Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-109 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 109 - When power of attorney is effective.

 Effective 5/10/2016  75-9-109. When power of attorney is effective.    (1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.     (2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.     (3) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:   (a) a physician that the principal is incapacitated within the meaning of Subsection 75-9-102(5)(a); or     (b) an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of Subsection 75-9-102(5)(b).       (4) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Sec. 1320d, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider.    Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-110 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 110 - Termination of power of attorney or agent's authority.

 Effective 5/10/2016  75-9-110. Termination of power of attorney or agent's authority.    (1) A power of attorney terminates when:   (a) the principal dies;     (b) the principal becomes incapacitated, if the power of attorney is not durable;     (c) the principal revokes the power of attorney;     (d) the power of attorney provides that it terminates;     (e) the purpose of the power of attorney is accomplished; or     (f) the principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.       (2) An agent's authority terminates when:   (a) the principal revokes the authority;     (b) the agent dies, becomes incapacitated, or resigns;     (c) an action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or     (d) the power of attorney terminates.       (3) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under Subsection (2), notwithstanding a lapse of time since the execution of the power of attorney.     (4) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.     (5) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.     (6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.     (7) The principal may revoke or amend a power of attorney:   (a) by substantial compliance with a method provided in the terms of the power of attorney that expressly excludes all other methods for amending or revoking the power of attorney; or     (b) if the terms of the power of attorney do not provide a method or the method provided in the terms is not expressly made exclusive, by any other method manifesting clear and convincing evidence of the principal's intent.      Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-111 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 111 - Coagents and successor agents.

 Effective 5/10/2016  75-9-111. Coagents and successor agents.    (1) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently.     (2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:   (a) has the same authority as that granted to the original agent; and     (b) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.       (3) Except as otherwise provided in the power of attorney and Subsection (4), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.     (4) An agent that has accepted appointment and that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken action.    Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-112 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 112 - Reimbursement and compensation of agent.

 Effective 5/10/2016  75-9-112. Reimbursement and compensation of agent.  Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-113 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 113 - Agent's acceptance.

 Effective 5/10/2016  75-9-113. Agent's acceptance.  Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-115 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 115 - Exoneration of agent.

 Effective 5/10/2016  75-9-115. Exoneration of agent.  A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:  (1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or     (2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.    Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-116 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 116 - Judicial relief.

 Effective 5/10/2016  75-9-116. Judicial relief.    (1) The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:   (a) the principal or the agent;     (b) a guardian, conservator, or other fiduciary acting for the principal;     (c) a person authorized to make health care decisions for the principal;     (d) the principal's spouse, parent, or descendant;     (e) an individual who would qualify as a presumptive heir of the principal;     (f) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;     (g) a governmental agency having regulatory authority to protect the welfare of the principal;     (h) the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and     (i) a person asked to accept the power of attorney.       (2) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.    Enacted by Chapter 256, 2016 General Session
UT Code § 75-9-117 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 9 - Uniform Power of Attorney Act|Part 1 - General Provisions|Section 117 - Agent's liability.

 Effective 5/10/2016  75-9-117. Agent's liability.  An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to:  (1) restore the value of the principal's property to what it would have been had the violation not occurred; and     (2) reimburse the principal or the principal's successors in interest for the attorney fees and costs paid on the agent's behalf.    Enacted by Chapter 256, 2016 General Session