Different Types of Powers of Attorney in Utah

A power of attorney is an estate planning tool that allows you, known as the principal, to give someone else, known as the agent, the authority to make decisions on your behalf in the event that you are unable to. In most cases a power of attorney is appointed to handle your medical or financial matters if you are unable to due to injury or illness.

Many people mistakenly believe that there is just one type of power of attorney in Utah, but this is not true. In Utah, there are several different types of powers of attorney that are used for different purposes. Below, our Utah estate planning attorney explains what these are.

Durable Power of Attorney

A durable power of attorney becomes effective as soon as you sign the document, unless it stipulates otherwise. A durable power of attorney remains effective if you become incapacitated. A durable power of attorney is only terminated if you revoke it or you pass away.

Non-Durable Power of Attorney

Like a durable power of attorney, non-durable powers of attorney go into effect as soon as the principal signs the document. Unlike durable powers of attorney, though, a non-durable power of attorney does not allow the agent to make decisions on your behalf if you become incapacitated. In this instance, the court would have to appoint a conservator or guardian to make decisions.

Medical Power of Attorney

A medical power of attorney is also often called an advance directive because it allows you to designate an agent to make decisions regarding your medical treatment if you are unable to communicate those wishes yourself. Your agent must act according to your wishes and any other directive you included in your estate plan, such as a living will.

General Power of Attorney

A general power of attorney gives your agent broad powers to act on your behalf on real estate, financial, business, and legal issues. A general power of attorney is restricted by the terms outlined in the document and by state law.

Limited Power of Attorney 

A limited power of attorney, also referred to as a special power of attorney, allows your agent to act for a specific reason and after this is accomplished, the power of attorney expires. For example, if your investment property required managing while you were traveling abroad, you could draft a limited power of attorney to allow them to manage the property on your behalf until you return.

Springing Power of Attorney 

A springing power of attorney becomes effective when a specific medical issue or other event occurs as outlined in the document. The power of attorney will outline a specific time the authority will expire or if you become incapacitated or pass away.

Our Estate Planning Attorney in Utah Can Draft Your POA 

Powers of attorney can ensure you are protected now and in the future, but only if they are drafted properly. At AGS Law, our Utah estate planning attorney will ensure yours is executed properly and advise on other tools that will help you and your family. Call us now at 801-477-6144 or contact us online to schedule a consultation and to get the help you need.

Source:

le.utah.gov/xcode/Title75A/Chapter2/75A-2-S301.html?v=C75A-2-S301_2024090120240501