Part 1 General Provisions 75-10-101 – 75-10-104
Part 2 Creation, Revocation, and Amendment of Power of Appointment 75-10-201 – 75-10-206
Part 3 Exercise of Power of Appointment 75-10-301 – 75-10-314
Part 4 Disclaimer or Release – Contract to Appoint or Not to Appoint 75-10-401 – 75-10-407
Part 5 Rights of Powerholder’s Creditors in Appointive Property 75-10-501 – 75-10-503
Part 6 Miscellaneous Provisions 75-10-601 – 75-10-603
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Terms Used In Utah Code > Title 75 > Chapter 10 - Uniform Powers of Appointment Act

  • Affordable housing: means housing occupied or reserved for occupancy by households whose incomes are at or below certain income requirements at rental rates affordable to such households. See Utah Code 35A-8-501
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appointee: means a person to which a powerholder makes an appointment of appointive property. See Utah Code 75-10-102
  • Appointive property: means the property or property interest subject to a power of appointment. See Utah Code 75-10-102
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Blanket-exercise clause: means a clause in an instrument that exercises a power of appointment and is not a specific-exercise clause. See Utah Code 75-10-102
  • Board: means the Housing Board created by this part. See Utah Code 35A-8-501
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
  • Director: means the director of the division. See Utah Code 35A-8-101
  • Donor: The person who makes a gift.
  • Donor: means a person that creates a power of appointment. See Utah Code 75-10-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Olene Walker Housing Loan Fund created by this part. See Utah Code 35A-8-501
  • General power of appointment: means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. See Utah Code 75-10-102
  • Gift-in-default clause: means a clause identifying a taker in default of appointment. See Utah Code 75-10-102
  • Government entity: means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, a state institution of higher education as defined in Section 53B-2-101, or a local education agency as defined in Section 53G-7-401. See Utah Code 35A-1-102
  • Housing sponsor: means a person who constructs, develops, rehabilitates, purchases, or owns a housing development that is or will be subject to legally enforceable restrictive covenants that require the housing development to provide, at least in part, affordable housing. See Utah Code 35A-8-501
  • Impermissible appointee: means a person that is not a permissible appointee. See Utah Code 75-10-102
  • Instrument: means a record. See Utah Code 75-10-102
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 35A-8-101
  • Nongeneral power of appointment: means a power of appointment that is not a general power of appointment. See Utah Code 75-10-102
  • Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. See Utah Code 75-10-102
  • Person: means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75-10-102
  • Person: means :Utah Code 68-3-12.5
  • Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an interest in, or another power of appointment over, the appointive property. See Utah Code 75-10-102
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Powerholder: means a person in whom a donor creates a power of appointment. See Utah Code 75-10-102
  • Presently exercisable power of appointment: means a power of appointment exercisable by the powerholder at a relevant time. See Utah Code 75-10-102
  • Probate: Proving a will
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-10-102
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Rural: means a county in the state other than Utah, Salt Lake, Davis, or Weber. See Utah Code 35A-8-501
  • Specific-exercise clause: means a clause in an instrument that specifically refers to and exercises a particular power of appointment. See Utah Code 75-10-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Taker in default of appointment: means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment. See Utah Code 75-10-102
  • Terms of the instrument: means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding. See Utah Code 75-10-102