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A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney before a notary public or other individual authorized by the law to take acknowledgments.
A Durable Power of Attorney for Health Care is a document that lets you name someone else to make decisions about your health care in case you are not able to make those decisions yourself. It gives that person (called your agent) instructions about the kinds of medical treatment you want.
We recommend having a durable power of attorney for health care (aka an Advance Health Care Directive), a durable financial power of attorney, and a revocable living trust to ensure optimal management of your health as well as your assets. If you are not sure what you need, try taking our estate planning quiz.
A durable power of attorney provides you with flexibility and an option for handling situations when you need someone to stand in for you with the legal authority to handle your affairs. An agent may be granted authority to handle most financial, personal and business matters, including: Management of your property.
THE POWERS YOU GIVE YOUR AGENT WILL CONTINUE TO EXIST FOR YOUR ENTIRE LIFETIME, UNLESS YOU STATE THAT THE DURABLE POWER OF ATTORNEY WILL LAST FOR A SHORTER PERIOD OF TIME OR UNLESS YOU OTHERWISE TERMINATE THE DURABLE POWER OF ATTORNEY.
For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.
Utah Powers of attorney requirements And (4), the power is to be granted in connection with real property, with documentation filed with the recorder of the county where the property is located. Otherwise, there is no need for witnesses or other complications.
The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the ?durable? power of attorney continues to be effective despite your subsequent disability.