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When does a durable power of attorney become effective in Utah?

A durable power of attorney in Utah is one that is made void by the principal's disability or incapacity. It can be drafted in a way to make it immediately effective upon being signed and notarized. Or, it can be drafted in a way that makes it become effective only after the principal becomes disabled or incapacitated. Executing a durable power of attorney can be an important part of the estate planning process. Contact Utah estate planning attorney Stephen Howard today for more information on creating a personalized estate plan.

Utah Estate Planning Lawyer - Durable Power of AttorneyAn ordinary power of attorney ceases to be effective at the time the principal becomes incapacitated. But a durable power of attorney may remain effective even if the principal later becomes incapacitated. Unless the instrument itself contains an earlier termination date, the durable power of attorney will remain effective throughout the principal's incapacity.

One of the purposes of creating a durable power of attorney is to try to avoid the necessity of obtaining a guardianship or conservatorship in the event the principal becomes incapacitated. While a durable power of attorney is often an effective tool to accomplish this goal. There are occasions when a guardianship or conservatorship may still be necessary. Utah Code 75-5-501(5) provides that if a conservator is appointed by a Utah probate court during the period of the principal's incapacity, then the attorney-in-fact is required to account to the conservator rather than to the principal. The conservator further has the authority to revoke, suspend, or terminate all or just a part of the durable power of attorney.

Contacting a Utah Estate Planning Attorney in Salt Lake City

For assistance with a Utah durable power of attorney or in creating a personalized estate plan, contact Utah estate planning attorney Stephen Howard. Based in Salt Lake City, we are pleased to provide legal services to clients throughout Utah.

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Estate Planning Attorney Wills & Trusts Estate Planning - Setting up a good estate plan requires more than filling out a free online form or downloading software. But a good estate plan does not have to be overly expensive. A good attorney can guide you through the process of determining what estate planning tools are right for you and your family, and then create personalized estate planning documents to protect you and your family, and give you the peace of mind you deserve. Contact us today to start the process of setting up a personalized estate plan.

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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, Morgan, and Wasatch Counties - and all of Utah.

Stephen W. Howard is Utah attorney, practicing as part of the Canyons Law Group, LLC.
With offices in Salt Lake and Davis Counties, we are pleased to provide legal services to clients throughout Utah.
Call 801-449-1409 to arrange for a confidential initial consultation.

Stephen W. Howard, PC

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