Sample Utah Power of Attorney
What is a Utah Power of Attorney and How is It Used?
What’s your worst fear? Is money or becoming incapacitated, unable to make decisions on your affairs on top of that list? Well, you are not alone. Everyone has such fears, but only a few people get to act on them, preventing further anxiety by making sure that their affairs are in order. Do you wish to protect your finances, business, or your wishes over your life, should you become incapacitated or unavailable to make those decisions? Well, you need a power of attorney.
What is power of attorney?
A term you could have heard from your peers, this is a legal document which you, the principal use to grant someone else control over several or a specific action, on your behalf. The authority granted could be as simple as signing your personal checks, selling real estate, or making medical decisions.
The person you hand over power to is the attorney-in-fact or the agent. You may also refer to the document as a letter of authority, letter of authorization, or the letter of attorney.
In most cases, you will process the document, sign and have it notarized when in control over your health or when still actively participating in the business. However, the document only becomes executable when you are unavailable or incapacitated. In the legal world, this refers to springing powers of attorney because the need to use the document arises from your inability to give commands or direction.
As one of the most important documents you can prepare in life, it is available in different types to meet your unique needs. An understanding of the different types of POAs will help you fill your free Utah power of attorney form effortlessly. The common types are discussed below:
Utah Durable Power of Attorney Laws
In the state of Utah, the durable powers of attorney also referred to as the DPOA refers to the language used within a legal document to extend power to an attorney-in-fact in the event of your incapacitation or the inability to make sound decisions. The DPOA is among the most important POA documents as it grants an attorney power over your health care and all the medical decisions made by the attending physicians should you be incapacitated.
Once you sign this document, it stays in effects unless revoked by the principal. The court can also revoke the document by deeming it invalid or by revoking the power granted to the attorney-in-fact.
The statutes applicable to DPOA in the state of Utah help in ensuring that the principal’s decisions are honored. Often, it’s used as an alternative to a living will when the principal doesn’t have a living will.
The specific and life-prolonging acts in the healthcare POA include giving authority over the medical procedures or interventions that would give the principal more time. The agent will also need to issue directives on the use of artificial hydration or nutrition unless the principal was against procedures for pain alleviation, sustenance, or if the principal was against resuscitation.
What are the legal requirements for the durable letter of attorney?
The attorney-in-fact or the proxy should be 18 years or above
The document should be in writing
The document must be signed and notarized before a public and licensed notary.
In the state of Utah, the letter of attorney will always take precedence over any other directive signed earlier.
How are the DPOA directives revoked?
While the most current wishes of the principal are considered above any other directive issued before, the new directives are revocable at any time.
All you need is a signed revocation notice.
The principal could also destroy the document
Communicate orally their intention of revoking the powers with a witness present.
Revocation of the powers is effective as soon as the attending physician receives the revocation notice.
Note that: as long as a state complies with the laws set by the state of Utah, the legal instrument will remain valid.
Utah Limited Power of Attorney Laws
If you need to hand over power over an agent, yet limiting the amount of power they hold, you will have to fill the Utah Limited letter of authorization. The powers granted are only used when the principal is unable to or when they are unavailable.
The powers granted are revocable through the issuance of a written revocation notice to the agent and third parties acting under the agent’s directives.
Utah General Power of Attorney For Childcare Law
As you think of filling our free power of attorney form in Utah, you might want to know that you can hand over authority over your child or an incapacitated individual in your care to somebody else if you are unavailable. However, the state of Utah accepts this for limited periods, not more than 6 months. The power granted includes authority over their care, custody, as well as the property of the ward or minor. But, this excludes delegating the power of consenting to adoption or marriage. In Utah, this POA is only executable before a public notary.
If interested in getting things in order before your time is up, or as a measure to keep things in order in your absence, get our free power of attorney forms available online and to all residents of Salt Lake City, West Valley City, Provo, West Jordan, Orem, Sandy, Ogden, St. George, Layton or any other city of Utah. Fill out the form above to get started.
UT Power of Attorney
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