What Is a Power of Attorney?
A power of attorney is a legal document. It allows a person (the principal) to give somebody else (the agent or attorney-in-fact) the power to act on the principal's behalf. When your agent acts on your behalf under a power of attorney, their actions and decisions will be legally binding on you.
In Utah, powers of attorney can be used to give your agent authority to handle most of your financial and personal matters. However, if you want someone to act as your agent for health care decisions, you will need an advance health care directive.
What Is an Advance Health Care Directive?
In Utah, you will need an advance health care directive, also called an advance directive, if you want to designate an agent to make medical decisions for you when you cannot make them yourself. An advance directive also can include your preferences for health care decisions, including withdrawing or withholding life support.
How To Get a Utah Power of Attorney and Advance Health Care Directive
You can hire an attorney to make these documents for you, or you can make them yourself with an easy-to-complete form. If you decide to use a form, you should follow these steps:
1. Choose your agents
The most important quality of an agent is trustworthiness. A health care agent will be making important medical decisions, and you should trust them to follow your wishes. An agent under a power of attorney will be accessing your money or property, so you should pick someone who will not take advantage of their authority.
Your agent under your power of attorney also should be smart with money and comfortable filling out forms, reading documents, and dealing with banks. Your health care agent should know what your health care wishes are and should be comfortable making difficult medical decisions for you. Utah law prohibits people and facilities who provide health care to you to act as your agent or health care agent.
You can choose two or more people to be co-agents to serve at the same time under your power of attorney. They will be able to act independently unless your power of attorney states they must act jointly. In most cases, you should avoid appointing co-agents because multiple agents can create confusion and delay when dealing with banks and other businesses.
Co-agents are different from successor agents. You should have successor agents for your power of attorney and your advance directive. A successor agent will take the place of your original agent if the original agent is unavailable or unable to act.
2. Decide how much authority to give your agents
You can give your agents broad or limited powers to act for you. When planning for your incapacity, you should consider giving both agents the flexibility to act when unforeseen circumstances arise. If you limit their powers too much, the limitations may keep them from making decisions that could benefit you.
3. Find a good form
Make sure you are using a form that complies with Utah's laws. We offer up-to-date advance directive and power of attorney forms. You can select the form that best fits your needs and select the powers you wish your agent to have.
Utah's statutes also contain forms for a power of attorney and advance directive.
4. Execute the form with the correct number of witnesses
You must sign your power of attorney before a notary public or another person authorized by law to take acknowledgments. If you are physically unable to sign, you can direct another person in your presence to sign it in your name.
You can create an advance directive without a form by telling your health care instructions and choice of agent to an adult witness. However, this should only be done in an emergency. It is better to have a written advance directive with your signature.
If you sign a written advance directive, you must have a witness present. A witness to your oral or written advance directive cannot be:
- A person who signed the advance directive on your behalf
- A relative
- Someone who will inherit from you after your death
- A beneficiary of your trust, life insurance policy, or a person who will benefit financially from your death
- Someone financially responsible for your medical care
- Your health care provider or an administrator of a facility where you are receiving care
- Your health care agent
5. Deliver your completed form to the right people
After your form is executed, you need to give it to everyone who will need it. Your primary physician, health care agent, and facilities where you receive medical treatment should have copies of your advance directive. You should give your power of attorney to your agent and may want to give it to banks and businesses your agent will deal with. Finally, you can give copies of both documents to trusted family and friends.
