reglab/statecodes huggingface dataset:
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 9 - Utah Uniform Prudent Investor Act › Section 901 - Prudent investor rule.

75-7-901.
Prudent investor rule.
(1) Except as otherwise provided in Subsection (2), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in this chapter. If a trustee is named on the basis of a trustee's representations of special skills or expertise, the trustee has a duty to use those special skills or expertise.
(2) The prudent investor rule is a default rule and may be expanded, restricted, eliminated, or otherwise altered by the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 9 - Utah Uniform Prudent Investor Act › Section 902 - Standard of care -- Portfolio strategy -- Risk and return objectives.

75-7-902.
Standard of care -- Portfolio strategy -- Risk and return objectives.
(1) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
(2) A trustee's investment and management decisions respecting individual assets must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust.
(3) Among circumstances that a trustee shall consider in investing and managing trust assets are the following which may be relevant to the trust or its beneficiaries:
(a) general economic conditions;
(b) the possible effect of inflation or deflation;
(c) the expected tax consequences of investment decisions or strategies;
(d) the role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property;
(e) the expected total return from income and the appreciation of capital;
(f) other resources of the beneficiaries;
(g) needs for liquidity, regularity of income, and preservation or appreciation of capital; and
(h) an asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries.
(4) A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets.
(5) A trustee may invest in any kind of property or type of investment consistent with the standards of this chapter.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 9 - Utah Uniform Prudent Investor Act › Section 903 - Diversification.

75-7-903.
Diversification.
A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 9 - Utah Uniform Prudent Investor Act › Section 904 - Duties at inception of trusteeship.

75-7-904.
Duties at inception of trusteeship.
Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the trust, and with the requirements of this chapter.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 9 - Utah Uniform Prudent Investor Act › Section 905 - Reviewing compliance.

75-7-905.
Reviewing compliance.
Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight. This section does not require a specific outcome in investing.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 9 - Utah Uniform Prudent Investor Act › Section 906 - Investment direction.

75-7-906.
Investment direction.
(1) For purposes of this section, "investment direction" means a direction that is binding on the trustee, except for an investment direction given by a settlor as described in Subsection (2) to do any of the following with respect to an investment:
(a) retention;
(b) purchase;
(c) sale;
(d) exchange;
(e) tender; or
(f) any other transaction affecting ownership in the investment.
(2)
(a) During the time period that a trust is revocable, the trustee may follow any investment direction of the settlor, including an investment direction that:
(i) is manifestly contrary to the terms of the trust; or
(ii) seriously breaches a fiduciary duty to the beneficiaries.
(b) The trustee is not liable for any loss resulting from following an investment direction described in Subsection (2)(a).
(3) If the terms of a trust authorize a person to give investment direction to the trustee, the person authorized to give investment direction:
(a) is presumptively a fiduciary only with respect to an investment direction that the person gives to the trustee;
(b) is required to act in good faith with regard to:
(i) the purposes of the trust; and
(ii) the interests of the beneficiaries; and
(c) is liable for any loss that results from breach of the fiduciary duty only with respect to an investment direction that the person gives to the trustee.
(4) Except in cases of willful misconduct or gross negligence, a trustee is not liable for any loss that results from following an investment direction if:
(a) the terms of a trust authorizes a person to give the investment direction to the trustee; and
(b) the trustee acts in accordance with the investment direction given by a person described in Subsection (4)(a).
(5) If the terms of a trust require another person's approval or consent to an investment decision of the trustee:
(a) the person from whom approval or consent is required:
(i) is presumptively a fiduciary;
(ii) is required to act in good faith with regard to:
(A) the purposes of the trust; and
(B) the interests of the beneficiaries; and
(iii) is liable for any loss that results from breach of the fiduciary duty; and
(b) except in cases of willful misconduct or gross negligence, the trustee is not liable for any loss resulting from any act not taken as a result of the person's failure to respond to a request for approval or consent.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 9 - Utah Uniform Prudent Investor Act › Section 907 - Language invoking standard of chapter.

75-7-907.
Language invoking standard of chapter.
The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this chapter: "investments permissible by law for investment of trust funds," "legal investments," "authorized investments," "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital," "prudent man rule," "prudent trustee rule," "prudent person rule," and "prudent investor rule."
Enacted by Chapter 89, 2004 General Session
2023 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 1001 - Remedies for breach of trust.

75-7-1001.
Remedies for breach of trust.
(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(2) To remedy a breach of trust that has occurred or may occur, the court may:
(a) compel the trustee to perform the trustee's duties;
(b) enjoin the trustee from committing a breach of trust;
(c) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(d) order a trustee to account;
(e) appoint a special fiduciary to take possession of the trust property and administer the trust;
(f) suspend the trustee;
(g) remove the trustee as provided in Section 75-7-706;
(h) reduce or deny compensation to the trustee;
(i) subject to Section 75-7-1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or
(j) order any other appropriate relief.
Enacted by Chapter 89, 2004 General Session
2023 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 1002 - Damages for breach of trust.

75-7-1002.
Damages for breach of trust.
(1) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:
(a) the amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or
(b) the profit the trustee made by reason of the breach.
(2) Except as otherwise provided in this Subsection (2), if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
Enacted by Chapter 89, 2004 General Session
2023 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 1003 - Damages in absence of breach.

75-7-1003.
Damages in absence of breach.
(1) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.
(2) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
Enacted by Chapter 89, 2004 General Session
2023 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 1004 - Attorney's fees and costs.

75-7-1004.
Attorney's fees and costs.
(1) In a judicial proceeding involving the administration of a trust, the court may, as justice and equity may require, award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.
(2) If a trustee defends or prosecutes any proceeding in good faith, whether successful or not, the trustee is entitled to receive from the trust the necessary expenses and disbursements, including reasonable attorney's fees, incurred.
Enacted by Chapter 89, 2004 General Session
2023 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 1005 - Limitation of action against trustee.

75-7-1005.
Limitation of action against trustee.
(1) A beneficiary may not commence a proceeding against a trustee for breach of trust more than six months after the date that the beneficiary or a person who may represent and bind the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
(2) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.
(3) If Subsection (1) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within one year after the first to occur of:
(a) the removal, resignation, or death of the trustee;
(b) the termination of the beneficiary's interest in the trust; or
(c) the termination of the trust.
(4) This section does not preclude an action to recover for fraud or misrepresentation related to the report.
Enacted by Chapter 89, 2004 General Session
2023 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 1006 - Reliance on trust instrument.

75-7-1006.
Reliance on trust instrument.
A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
Enacted by Chapter 89, 2004 General Session
2023 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 1007 - Event affecting administration or distribution.

75-7-1007.
Event affecting administration or distribution.
If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee is not liable for a loss resulting from the trustee's lack of knowledge or lack of notice.
Enacted by Chapter 89, 2004 General Session
2023 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 1008 - Exculpation of trustee.

75-7-1008.
Exculpation of trustee.
A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
(1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or
(2) was inserted by the trustee or fiduciary without disclosure of its existence and contents.
Enacted by Chapter 89, 2004 General Session
2023 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 1009 - Beneficiary's consent, release, or ratification.

75-7-1009.
Beneficiary's consent, release, or ratification.
A trustee is not liable to a beneficiary for breach of trust if the beneficiary, while having capacity, consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
Enacted by Chapter 89, 2004 General Session
2023 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 1010 - Limitation on personal liability of trustee.

75-7-1010.
Limitation on personal liability of trustee.
(1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.
(2) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
(3) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.
(4) The question of liability as between the trust estate and the trustee individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding.
(5) Whenever an instrument creating a trust reserves to the settlor, or vests in an advisory or investment committee, or in any other person or persons, including one or more cotrustees to the exclusion of the trustee or to the exclusion of one or more of several trustees, authority to direct the making or retention of any investment, the excluded trustee or trustees shall not be liable, either individually or as a fiduciary, for any loss resulting from the making or retention of any investment pursuant to such direction.
(6) In the absence of actual knowledge or information which would cause a reasonable trustee to inquire further, no trustee shall be liable for failure to take necessary steps to compel the redress of any breach of trust or fiduciary duty by any predecessor personal representative, trustee, or other fiduciary. The provisions of this section shall not be construed to limit the fiduciary liability of any trustee for his own acts or omissions with respect to the trust estate.
Enacted by Chapter 89, 2004 General Session
2023 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 1011 - Interest as general partner.

Effective 5/8/2018
75-7-1011.
Interest as general partner.
(1) Except as otherwise provided in Subsection (3) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to Title 48, Chapter 2e, Utah Uniform Limited Partnership Act.
(2) Except as otherwise provided in Subsection (3), a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
(3) The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings, or parents, or the spouse of any of them.
(4) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
Amended by Chapter 281, 2018 General Session
2023 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 1012 - Protection of person dealing with trustee.

75-7-1012.
Protection of person dealing with trustee.
(1) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.
(2) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.
(3) A person who in good faith delivers assets to a trustee need not ensure their proper application.
(4) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.
(5) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
Enacted by Chapter 89, 2004 General Session
2023 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
2023 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
2023 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
2023 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
2023 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 4
Enacted by Chapter 1, 2004 Special Session 4
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 8 - Effective Date › Section 101 - Time of taking effect -- Provisions for transition.

75-8-101.
Time of taking effect -- Provisions for transition.
(1) This code takes effect on July 1, 1977.
(2) Except as provided elsewhere in this code, on the effective date of this code:
(a) This code applies to any wills of decedents dying thereafter.
(b) The code applies to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this code.
(c) Every personal representative including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this code and is subject to the duties imposed with respect to any act occurring or done thereafter.
(d) An act done before the effective date in any proceeding and any accrued right is not impaired by this code. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions shall remain in force with respect to that right.
(e) Any rule of construction or presumption provided in this code applies to instruments executed and multiple-party accounts opened before the effective date unless there is a clear indication of a contrary intent.
Enacted by Chapter 150, 1975 General Session
2023 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
2023 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
2023 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 5/4/2022
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 Section 76-5-111.4.
Amended by Chapter 430, 2022 General Session
2023 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
2023 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
2023 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 -- Adequacy of power of attorney -- Relation of agent to conservator or other fiduciary.

Effective 5/4/2022
75-9-108.
Nomination of conservator or guardian -- Adequacy of power of attorney -- Relation of agent to conservator or other fiduciary.
(1) In a power of attorney, a principal may nominate a conservator of the principal's estate or a 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.
(2) If a principal executes a power of attorney and a petition is filed to appoint a conservator of the principal's estate, the court shall consider whether:
(a) the provisions in the power of attorney are adequate to manage and protect the principal's estate without appointing a conservator; or
(b) the appointment of a conservator is necessary to manage and protect the principal's estate.
(3) If the court appoints a conservator of the principal's estate or a guardian of the principal's person, the court shall appoint a conservator or a guardian in accordance with the principal's most recent nomination unless there is good cause shown or disqualification.
(4) If, after a principal executes a power of attorney, the court determines that an appointment of a conservator or other fiduciary is necessary to manage and protect some or all of the principal's estate:
(a) the agent named in the principal's power of attorney is accountable to the conservator or other fiduciary as well as the principal; and
(b) the power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.
Amended by Chapter 138, 2022 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 9 - Uniform Power of Attorney Act › Part 1 - General Provisions › Section 118 - Agent's resignation -- Notice.

Effective 5/10/2016
75-9-118.
Agent's resignation -- Notice.
Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
(1) to the guardian, if one has been appointed for the principal, and a coagent or successor agent; or
(2) if there is no person described in Subsection (1), to:
(a) the principal's caregiver;
(b) another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
(c) a governmental agency having authority to protect the welfare of the principal.
Enacted by Chapter 256, 2016 General Session