Utah Durable Power of Attorney - Salt Lake Lawyer

A durable power of attorney can play an important role as a part of your Utah estate plan. While much of your estate plan will not become effective until after your death, a durable power of attorney can provide many benefits to you during your life. For assistance in creating a personalized durable power of attorney, contact Utah estate planning attorney Stephen Howard today. Based in Salt Lake City, Mr. Howard provides legal services to clients throughout Utah, working with clients to create a durable power of attorney that is tailored to their individual needs.

A power of attorney is a document that authorizes another person (called the "attorney-in-fact" or sometimes referred to as the "agent") to act on your behalf. An ordinary power of attorney is void if you become incapacitated. Under Utah law a "durable" power of attorney remains in effect regardless or your competency or incapacity. But even a durable power of attorney becomes void upon your death. A last will and testament or living trust can provide instructions and authority to your personal representative or trustee to continue to act after your death. Contrary to some popular misconceptions, a durable power of attorney cannot serve as a substitute for a will or a trust, nor can it be used to avoid the probate process.

Authority Under a Durable Power of Attorney in Utah

A durable power of attorney is a versatile document, that can provide your attorney-in-fact with extensive authority. But a power of attorney can also be narrowly drafted to give your agent very limited powers. Authority can be given using a durable power of attorney for your agent to manage your bills, file taxes, buy or sell real estate, manage your investments, handle your bank accounts, pursue a lawsuit on your behalf, and more. An estate planning attorney in Utah can help you determine what authority you want to include in your durable power of attorney.

Choosing an Agent for a Utah Durable Power of Attorney

Great care and consideration should be given to the question of who, if anyone, should be given a durable power of attorney. Your attorney-in-fact (agent) has authority to act on your behalf, and you will be bound by the actions they take on your behalf. The person you select must be completely trustworthy. Many people select a spouse or a trusted adult child to act as their attorney-in-fact.

Revoking a Durable Power of Attorney in Utah

Utah law provides that a durable power of attorney can be given a termination date, after which date the power of attorney is automatically revoked. But a durable power of attorney can also be drafted without any expiration date. If no termination date is included in the document, a durable power of attorney can be revoked at any time by giving notice to the attorney-in-fact that the power of attorney is revoked. It is best to provide notice in writing, and to also provide written notice to anyone who may have been given a copy of the power of attorney. If possible, it is advisable to destroy the original power of attorney, and to collect and destroy any copies that may have been made.

Finding an Estate Planning Attorney in Utah

Selecting an estate planning attorney in Utah to create a durable power of attorney, last will and testament, living trust, or other estate planning documents is an important decision. Based in Salt Lake City, Stephen Howard provides legal services to clients throughout Utah. Contact us today to arrange for an initial consultation.