Many responsibilities come with caring for a loved one, such as making important decisions for them when they cannot. When your parent or elderly loved one, the “principal,” becomes incapacitated, the Utah Power of Attorney (PoA) is a legal document allowing a trusted individual, or an “agent,” to act and make decisions on their behalf.
The Utah Code Section 75-9-114 outlines the specific duties of an agent. However, according to Utah laws, powers of attorney cannot make medical decisions for the principal. The principal would need to fill out Utah’s Advance Health Care Directive form.
Utah Durable Power of Attorney
The Utah Durable Power of Attorney gives the appointed agent the ability to manage finances, sell property, open or close bank accounts, and make other crucial decisions when the principal becomes incapacitated.
The signed document remains effective until the PoA is revoked or the principal dies. Having a durable power of attorney ensures someone will be able to make decisions for you if you are no longer able.
Utah General Power of Attorney
Similar to the Durable PoA, the General Power of Attorney or free Utah Power of Attorney, gives a wide range of powers to the agent. This may include decisions regarding personal finances and managing financial accounts for the principal.
The general PoA contract ends when the principal revokes the permission, dies, or becomes debilitated. It may also end once the specific task has been accomplished or the time indicated in the document expires.
Utah Limited Power of Attorney
The Limited Power of Attorney form Utah grants your agent specific powers. For example, the agent can be given full authority and power to buy or sell real estate property on the principal’s behalf.
Utah Medical Power of Attorney
The Medical Power of Attorney form is separate from other Utah PoA documents and allows you to choose a person you trust to make health decisions for you if you become incapacitated. Medical decisions may include consent for diagnostic procedures or medical treatments, arrangements for your care, and access to your protected health information.
An attorney is unnecessary to complete this form. It also does not need to be notarized. However, the document does require a disinterested witness.
Utah Minor (Child) Power of Attorney
The Minor Child Power of Attorney allows the parent of a minor to allocate powers to a selected caretaker to provide the necessary care for their child if they become ill or absent. This type of PoA only lasts for up to 6 months. However, a PoA document may not suffice for all institutions, such as schools.