Power of Attorney Lawyers In Ogden, Utah
KAUFMAN | NICHOLS | KAUFMAN
ATTORNEYS AT LAW
Powers Of Attorney
Power of attorney documents give someone else the right to act in your place. These can be used if you have a medical emergency, pass away unexpectedly, or if you are unable to care for your family to the best of your capacity. Powers of attorney can be customized to each individual, but you will often need the expertise of a dedicated attorney to properly draft documents and file them with your local court system. Individuals should be careful about what powers and responsibilities they give away, as many people could abuse power. While your agent or co-agents will only have power over what you grant them access to, they could try to obtain more power if you are unable to contest their requests.
Kaufman, Nichols, and Kaufman law firm wants you to feel prepared for any legal situation you may experience. Especially with the responsibility that accompanies powers of attorney, our team can help you feel confident in your decision. Working with a skilled legal team can help give you peace of mind during overwhelming situations or help you have a well-designed plan in case of an emergency. Preparing documents and setting up a power of attorney now will save you and your family from heartache later.
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Medical Power Of Attorney
In Utah, there is a special form required if you want to give someone the power to make choices on your medical care or life-saving procedures. The Utah Advance Healthcare Directive has two parts, which allow you to have someone help you with medical affairs. You will designate an agent to make sure the medical team follows your wishes, including what surgeries you give consent to or what medications can be distributed. The second part helps provide wishes to your healthcare team for options such as life support and organ donation. Having two parts to this form ensures that your agent and medical staff are truly on the same page and your agent won’t make decisions that are contrary to your beliefs. You will need the help of an experienced attorney to complete these forms and file them correctly with the local courts.
Power Of Attorney For Minor Children
Utah’s court system requires an additional form if you want your agent to step up as a guardian if something unexpected happens to you. This power of attorney will only last for up to six months, so designating guardians in your will as well is a protective extra measure. If you are designating a power of attorney for medical reasons, or you believe that you will become incapacitated soon, a power of attorney controlling the care of your children will be best for your situation. For others who want to plan for an unnecessary future, putting caregivers and wishes in a Last Will and Testament is a well-rounded legal option that most attorneys will recommend.
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Power Of Attorney Vs Guardianship
When you designate a power of attorney, you can make rules around the care and living situation of minor children if you are incapacitated or hospitalized. This can be seen as similar to guardianship, as the agent will have the power to make decisions about the health, safety, and schedule of the children. Although an agent will have control over the children’s care for a time, guardianship is much more permanent and a longer process to be legally binding. Guardianship must be granted by a judge in order for this person to be recognized as the child’s guardian in all areas of life (school pick-ups, medical decisions, moving, or other legal decisions).
Guardianship can not be revoked once the court establishes it, so if you are still competent and capable of caring for children, you may benefit from setting up a power of attorney for a just-in-case scenario. Setting up a power of attorney allows you to have control over your assets and the care of children while you are healthy and able-bodied, and have someone you trust take over if that changes.
How Long Does A Power Of Attorney Last?
You have the power to choose how long your power of attorney rules will last, unless otherwise stated by the law or a form you have filed with a court system. Some individuals choose to set up a power of attorney for a few weeks while they travel out of the country, while others have them apply once a certain set of circumstances occurs, such as a disability or accident. Powers of attorney expire when you pass away. Once you die, your will or estate plan will take over, distributing your assets and ensuring your wishes are carried out with ease.
As long as you are competent and able, you can also revoke powers of attorney whenever you want. When you die, the power of attorney will automatically end. If you want to revoke a power of attorney, the best way is to prepare the revocation in written form and have it notarized. The person who had power also needs to be notified that the responsibility is being revoked.
KAUFMAN | NICHOLS | KAUFMAN
ATTORNEYS AT LAW
Working With KNK Law
Our attorneys understand that there are many stressful life situations that you may feel unprepared for. KNK Law offers sound legal advice for divorces, estate planning, criminal cases, power of attorney, and so much more. Every situation we face in life can vary in degree and severity, but having a competent lawyer on your side can make a big difference, no matter your situation.
Our team is proud to serve our local Ogden community, helping you have peace of mind and make sound decisions for your future. Giving up your control and authority to another person can be challenging, so let us help you feel confident in your decisions and future.
What is the difference between a “General” and a “Durable” Power of Attorney?
While a standard Power of Attorney might end if you become mentally incompetent or incapacitated, a Durable Power of Attorney contains specific language that allows the document to remain in effect during those times. This is a critical distinction for estate planning; without the “durable” designation, the very document you intended to protect you during a medical crisis could become void exactly when you need it most. At KNK Law, we help ensure your documents are drafted with the precise language needed to stand the test of time.
Can I appoint more than one agent to act on my behalf?
Yes, you can appoint “co-agents” to act together, or you can name a primary agent with a “successor” who steps in only if the first person is unavailable. While having co-agents can provide a system of checks and balances, it can also lead to delays if they disagree on a decision. Our legal team can help you weigh the pros and cons of your specific family dynamics to determine which structure offers you the most security and efficiency.
Does my agent have the authority to change my Will?
No. A Power of Attorney grants your agent the right to manage your affairs—such as paying bills, selling property, or making healthcare decisions—but it does not give them the authority to create or change your Last Will and Testament. Your Will remains your personal directive for your estate. This is why the team at KNK Law recommends coordinating your Power of Attorney with a comprehensive estate plan; it ensures that your agent’s actions today don’t conflict with your long-term legacy for tomorrow.
