Power of Attorney in Utah

Let Our Firm Establish a Power of Attorney On Your Behalf

When it comes to planning for the unexpected, having a legally valid Power of Attorney (POA) is one of the most important steps you can take to safeguard your financial, medical, and personal affairs. At Pearson Butler, we help individuals and families across Utah draft, review, and execute Powers of Attorney tailored to their unique needs. Whether you need a comprehensive POA for aging parents, temporary authority for travel, or emergency medical decision-making, our experienced Utah POA lawyer is here to ensure your documents are legally sound and enforceable.

Contact the firmtoday by calling (800) 265-2314, or continue reading for helpful information on this subject.

What is a Power of Attorney?

A Power of Attorney is a legal document that gives another person the authority to make decisions on your behalf. This individual is known as the agent or attorney-in-fact. The level of authority granted can range from very limited to broad and general, depending on your goals.

A POA can be temporary or long-term, and it may take effect immediately or only when certain conditions occur—such as incapacitation due to illness or injury. In Utah, a properly drafted Power of Attorney allows individuals to maintain control over their future by pre-selecting who will act for them should they become unable to.

Without a POA, your family may need to go through lengthy court proceedings to obtain guardianship or conservatorship. Establishing a POA now helps avoid delays, stress, and potential disputes later.

Common Types of Powers of Attorney

Understanding the different types of POAs helps ensure you choose the document that fits your needs. Pearson Butler can assist with all of the following:

Durable Power of Attorney

A durable POA remains in effect even if you become incapacitated. This makes it one of the most essential estate planning tools. A durable POA can cover financial or medical decisions, depending on how it’s drafted.

Financial Power of Attorney

A financial POA gives your agent authority to manage your money, property, and financial matters, such as:

• Paying bills
• Managing bank accounts
• Handling investments
• Filing taxes
• Managing real estate

This type of POA can be immediate or springing, meaning it only takes effect after certain conditions are met.

Medical Power of Attorney (Healthcare POA)

A medical POA allows someone to make healthcare decisions on your behalf, such as:

• Treatment preferences
• Surgical decisions
• Medication choices
• End-of-life care

This is often used alongside an Advance Healthcare Directive.

Limited or Special Power of Attorney

A limited POA gives your agent authority for specific tasks, such as:

• Selling a vehicle
• Handling a single financial transaction
• Managing responsibilities while you travel
• It ends once the purpose has been fulfilled.

Springing Power of Attorney

A springing POA activates only after a specific event—typically the principal becoming incapacitated. Utah law requires careful drafting to avoid confusion regarding when authority begins.

Benefits of Power of Attorney

Creating a Power of Attorney provides peace of mind and ensures your affairs are handled in the way you choose. Key benefits include:

• Avoiding Court Intervention: Without a POA, your family may need court-appointed guardianship or conservatorship to make decisions for you. A POA prevents unnecessary legal battles.
• Smooth Financial Management: If you're hospitalized, traveling, or otherwise unable to act, your agent can keep your finances on track.
• Ensuring Medical Wishes Are Respected: A medical POA empowers someone you trust to communicate with doctors and make decisions aligned with your values.
• Supporting Elder Care & Family Planning: Children of elderly parents often rely on POAs to manage care, finances, and major life decisions.
• Flexibility & Customization: POAs are customizable—allowing you to define the agent’s authority, the duration of authority, and the conditions under which the POA takes effect

Working with our Utah POA lawyer ensures your document is clear, enforceable, and compliant with Utah statutes.

Who Should I Choose as My Power of Attorney?

Selecting the right agent is one of the most important decisions you’ll make when creating a POA. Consider the following qualities:

• Trustworthiness: Your agent will have access to personal, financial, or medical information—choose someone who is responsible and ethical.
• Decision-Making Ability: Your agent should be capable of making sound, calm decisions, especially during stressful situations.
• Availability: Ideally, your agent should be someone reachable and willing to step into the role when needed.
• Knowledge of Your Wishes: Choose someone who understands and respects your personal values, financial goals, and medical preferences.
• Willingness to Serve: Always confirm the person is willing to act on your behalf. It's wise to name a backup agent in case your first choice cannot serve.

Our Utah POA lawyer at Pearson Butler can help you evaluate options and ensure your chosen agent understands their responsibilities.

Defining the Responsibilities of an Attorney-in-Fact

After selecting a trusted family member, friend, or associate to act as the attorney-in-fact, it will be important to clearly define their rights and responsibilities. Nothing should be left open to interpretation, as this can only lead to disputes and other problems in the future.

A power of attorney may allow the attorney-in-fact to perform various tasks, such as:

• Managing bank accounts
• Handling investment accounts
• Selling real property
• Running a business
• Applying for public benefits

In managing the principal’s affairs, the attorney must act in the best interests of the principal and within the confines of the terms of the power of attorney.

Power of Attorney FAQs

What are the requirements for creating a valid Power of Attorney in Utah?

In Utah, creating a valid Power of Attorney requires the principal to be mentally competent at the time of signing. The document must be in writing and clearly state the powers granted to the agent. It must also be signed by the principal and notarized to be legally binding. While not required, having the POA witnessed can add an extra layer of validation.

If the POA includes the power to deal with real estate, it must be recorded with the county recorder’s office in the county where the property is located. It is also advisable to ensure that all relevant parties, such as banks and healthcare providers, have copies of the POA to facilitate smooth transactions.

What happens if my agent acts outside the powers granted in the Power of Attorney?

If your agent acts outside the powers granted in the power of attorney in Utah, their actions could be considered invalid, and they may be held liable for any harm caused. Utah law requires that agents act in accordance with your instructions and always in your best interest. If your agent oversteps their authority, you may have the right to take legal action to reverse their decisions, hold them accountable, and potentially revoke their appointment. It’s important to choose a trustworthy agent and provide clear, specific instructions in the POA document to avoid confusion or misuse of authority.

What happens if I don't have a Power of Attorney and become Incapacitated?

If you become incapacitated without having a Power of Attorney in place, the court may need to appoint a guardian or conservator to make decisions on your behalf. This process can be lengthy, costly, and emotionally taxing for your loved ones. Having a Power of Attorney in place allows you to choose someone you trust to act in your best interests, avoiding the need for a court-appointed guardian. It also ensures that your wishes are respected, whether it concerns financial, healthcare, or personal decisions.

Does a Power of Attorney work after death?

No. All Powers of Attorney end upon the principal’s death. After death, decisions are handled by a personal representative through a will or probate.

Can I revoke a Power of Attorney in Utah?

Yes. You can revoke a POA at any time as long as you are mentally competent. Revocations should be in writing.

Do I need a lawyer to create a Power of Attorney?

While Utah provides statutory forms, having a lawyer ensures the document is legally enforceable and tailored to your needs, reducing the risk of disputes or invalidation.

How long does a POA last?

A POA lasts until:

• You revoke it
• A stated expiration date occurs
• The purpose is completed
• You pass away

Can multiple people be named as agents?

Yes. You may name co-agents or successor agents. However, co-agents must work well together and understand their shared responsibilities.

Speak with a Trusted Utah POA Lawyer Today

At Pearson Butler, we understand that making important decisions about your health, finances, and personal affairs is crucial. Our lawyers can provide invaluable assistance in creating a power of attorney, a legal document that allows someone you trust to make decisions on your behalf in case you're unable to do so. Whether it's for healthcare, financial management, or business matters, we are here to guide you through the process, ensuring your wishes are clearly defined and legally binding. Let us help you navigate this essential step in securing your future.

For experienced help with a power of attorney in Utah, call Pearson Butler at (800) 265-2314. The firm serves all of Utah.