In a prior post, I discussed Utah's adoption of the Uniform Power of Attorney Act. The Act is still in place but, pursuant to S.B. 79 passed in 2024, has been recodified and now begins with Utah Code 75A-2-102. In this post, I discuss one of the remedies under the Act, specifically, a Petition to Construe a Power of Attorney.
Utah Code 75A-2-114(8) provides that only a limited category of persons can request that an agent "disclose receipts, disbursements, or transactions conducted on behalf of the principal." In contrast, Utah Code 75A-2-116 allows a broad category of persons to "petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief."
According to the Uniform Probate Code comments, "The primary purpose of this section is to protect vulnerable or incapacitated principals against financial abuse [by setting forth] broad categories of persons who have standing to petition the court for construction of the power of attorney or review of the agent’s conduct." This section is designed as "a check-and-balance on the narrow scope of [Utah Code 75A-2-114(8)] and provides what, in many circumstances, may be the only means to detect and stop agent abuse of an incapacitated principal."
A Petition to Construe a Power of Attorney can be dismissed upon motion by the principal "unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney." Utah Code 75A-2-116(2). This is designed to protect the self-determination of principals. In addition, at least one court has found that such a petition can be dismissed where the petitioner lacks sufficient interest in the outcome. Williams v. Boggess for Ward, Va.App.2024, 899 S.E.2d 636. Nevertheless, a Petition to Construe a Power of Attorney can be a useful tool to protect vulnerable adults from exploitation.
Utah Code 75A-2-114(8) provides that only a limited category of persons can request that an agent "disclose receipts, disbursements, or transactions conducted on behalf of the principal." In contrast, Utah Code 75A-2-116 allows a broad category of persons to "petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief."
According to the Uniform Probate Code comments, "The primary purpose of this section is to protect vulnerable or incapacitated principals against financial abuse [by setting forth] broad categories of persons who have standing to petition the court for construction of the power of attorney or review of the agent’s conduct." This section is designed as "a check-and-balance on the narrow scope of [Utah Code 75A-2-114(8)] and provides what, in many circumstances, may be the only means to detect and stop agent abuse of an incapacitated principal."
A Petition to Construe a Power of Attorney can be dismissed upon motion by the principal "unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney." Utah Code 75A-2-116(2). This is designed to protect the self-determination of principals. In addition, at least one court has found that such a petition can be dismissed where the petitioner lacks sufficient interest in the outcome. Williams v. Boggess for Ward, Va.App.2024, 899 S.E.2d 636. Nevertheless, a Petition to Construe a Power of Attorney can be a useful tool to protect vulnerable adults from exploitation.
