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Imagine you are driving down 500 South here in Bountiful, on your way to Lakeview Hospital for a routine check-up, when the unexpected happens. An accident or sudden illness can change everything in an instant. If you became unable to speak for yourself, who would pay your mortgage? Who would tell the doctors what medical treatments you prefer?
Many people believe their spouse or children can automatically step in. But in Utah, that is not always true. Without proper authority (a.k.a. legal permission), even your closest family members may be locked out of your bank accounts and medical records.
Our power-of-attorney lawyers know how scary it is to think about losing control. Our law firm has helped many families in Weber, Salt Lake and Davis Counties who faced these exact moments. Planning ahead gives you a voice when you cannot speak and keeps your family from having to go to court during a crisis.
What Is a Power of Attorney?
A Power of Attorney (POA) is a legal document. It allows you to choose someone you trust to make decisions on your behalf. You are called the “principal,” and the person you choose is called the “agent.”
You do not lose your rights when you sign a POA, and you retain control over your life as long as you can make your own decisions. Your agent steps in only when you authorize it or when you are no longer able to make decisions.
Utah law divides these powers into two main categories: financial and healthcare. You can have one agent for both, or different agents for each.
The Utah Uniform Power of Attorney Act: Managing Your Finances
Your bills do not stop just because you get sick. If you are in the hospital or recovering from an injury, you still need to pay for utilities, taxes, and groceries.
In Utah, the Uniform Power of Attorney Act governs financial POAs. This law allows you to give an agent authority to handle money matters like:
- Paying bills and managing bank accounts
- Selling or buying real estate
- Filing taxes
- Managing government benefits like Social Security, etc.
Durable vs. Non-Durable
One of the most essential concepts in Utah law is “durability.” A “durable” Power of Attorney stays valid even if you become incapacitated (unable to make decisions).
A power of attorney created in Utah is durable by default unless the document says otherwise, meaning that if you are in an accident and cannot speak, your agent can still pay your bills. If your POA were not durable, it would stop working exactly when you need it most.
How to Make It Valid
For a financial POA to be valid in Utah, state law requires that you sign it before a notary public and that you have sufficient mental capacity at the time that the power of attorney is signed to understand that you are appointing an agent to handle your financial affairs.
Healthcare Decisions: The Advance Health Care Directive
Money is essential, but your health is personal. Who decides if you should have surgery? Who decides about life support?
In Utah, we use an advance health care directive. Using this type of legal document falls under the Advance Health Care Directive Act. It combines two things:
- Medical Power of Attorney: Appointing an agent to make healthcare choices for you
- Living Will: Giving written instructions about the care you want or do not want
Why You Need a Designated Agent
If you do not name an agent, doctors will look to a “default surrogate.” This process usually begins with your spouse, then your adult children, then your parents. But what if your family disagrees? What if your adult children want one thing and your spouse wants another?
Naming an agent in an advance health care directive stops these arguments before they start, and you can choose the person who knows your wishes.
Signing Requirements
Healthcare documents follow different rules from those for financial forms. You do not strictly need a notary for a healthcare directive in Utah, though it is often a good idea. Instead, state law mandates that you must sign it in front of a witness.
However, the witness cannot be:
- the agent you are seeking to appoint
- Your agent’s spouse or cohabitant
- the owner, operator, employee, or contractor of the nursing home or assisted living facility you are residing in or receiving care from
The Alternative: Why You Want to Avoid Guardianship
Some people think, “I don’t need these papers. My family will figure it out.” But if you become incapacitated without a power of attorney, your family cannot just “figure it out.” Their only legal option is to go to court and request that a judge appoint a guardian or conservator.
Guardianship can be a complex process, and we have seen how stressful it is for families.
- Costly: Your family must pay for court fees, lawyers, and sometimes expert witnesses
- Time-consuming: While your family waits for a court date at the Third District Court, your bills may go unpaid, and medical decisions get delayed
- Control shifts to a third party: The judge decides who your guardian is, which might not be the person you would have chosen
Our Approach: We Understand What You Are Going Through
Our attorneys and legal team understand this can be a heavy topic for most families. No one likes to think about disability or incapacity. But at Able & Strong Law, Inc., this is personal for us.
Our founder, Greg Misener, started this firm because of his own life experience. Greg’s brother has special needs, and he saw firsthand how important it was to have the proper legal support in place. Greg saw the peace of mind it brought to his parents, and that is the same peace of mind we want for you.
When you work with our attorneys, we don’t just hand you a stack of forms. We sit down with you, listen to your story, and help you choose agents who will genuinely look out for your best interests. Our attorneys and staff treat every client as family because we know exactly what is at stake.
Call us at 385-334-5024 to schedule a consultation. Let’s make sure you and your loved ones are protected, no matter what tomorrow brings.
