Utah Power Of Attorney Form Template – Forbes Advisor

A power of attorney is a legal document granting one person the right to act on behalf of another person. The person granting this authority is the principal, and the person given this power is the agent or “attorney-in-fact.”

The POA can be limited to a specific area of the principal’s life, for example, a medical power of attorney or a financial power of attorney. It can also be limited in duration or limited based on the state of the principal. If the principal becomes incapacitated, only a “durable” power of attorney will allow the agent to continue to act on the principal’s behalf.

Anyone who wants to ensure that a specific person has the power to act on their behalf should consider a power of attorney. A POA is a powerful, viable tool in any situation where you need someone to act for you. You don’t have to be old or sick to have one prepared for you. Indeed, if you consult with an estate planning attorney, odds are they will discuss using a power of attorney as one key element in your overall estate plan.

There are a few requirements needed to draft a Utah power of attorney. If you have any doubts, be sure to consult with an experienced estate planning attorney. The requirements typically are that:

• The principal can make decisions for themselves and is of sound mind to create the power of attorney
• There is an actual written document
• The document includes:
  • The name of the attorney-in-fact
  • The duties the principal gives the agent
  • The principal’s signature, properly notarized.

Store the original safely and regularly recheck your power of attorney as circumstances change. Consider also sending signed copies of the power of attorney documents to your attorney-in-fact, financial institution and important family members.

Principals can choose from several types of powers of attorney. But, generally speaking, there are two different categories of powers of attorney:

• those based on mental soundness and
• those based on what they do and don’t cover.

Capacity-Based Powers of Attorney

Protecting assets if someone becomes incapacitated is one of the main reasons for creating powers of attorney. That’s why many POAs are designed based on the capacity of the principal.

• Durable Power of Attorney. Here, the principal intends for the authority granted to the agent to continue even after they become incapacitated. Durability is presumed in Utah, which means a POA will automatically remain effective if the principal becomes incapacitated or disabled.
• General Power of Attorney. A general (or “non-durable”) power of attorney can only be created when the principal is competent. If the principal becomes incapacitated, the POA is no longer effective.
• Springing Power of Attorney. Here, the POA only becomes effective if the principal becomes disabled or incapacitated. It’s also sometimes called a “standby” power of attorney.

Scope-Based Powers of Attorney

These powers of attorney are confined to a specific task or situation. They can be as narrow as a POA to sell a specific piece of property or asset. Or, they can be as broad as granting the agent the power to act in all financial matters for the principal.

The medical power of attorney is perhaps the best-known scope-based power of attorney. This document grants the agent the power to make medical decisions on behalf of the principal. Typically, this is when principals cannot make those decisions themselves.

Short answer: Anyone can serve as an attorney-in-fact. Also called an agent, this person should be someone you trust to make critical decisions, such as an adult child, close friend or family member. If the principal has the capacity, they choose their own agent. If they are incapacitated, the court may appoint one on their behalf.

Principals may also select alternate attorneys-in-fact in the event the primary is unavailable. However, they should not choose co-agents, which can lead to disagreements that cause delays in decision-making.

Signing requirements vary by state. In Utah, a power of attorney form must be notarized and the principal must have adequate capacity to understand that she/he is appointing an agent to handle his or her affairs. The principal does not have to understand how the agent will manage the principal’s affairs, just that they will be doing so.

You don’t need a lawyer to create a power of attorney in Utah. However, you should seek the help of a trusted attorney to finalize your document to ensure it’s legally sound.