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The Utah Advance Healthcare Directive has two parts. The first part allows you to choose someone to help you with your medical affairs. This person is called the agent. The second part lets you tell your healthcare provider about your wishes for medical treatment, such as life support, organ donation, etc.
In the case of a durable power of attorney, the agent is generally authorized to act once you sign the document and can continue to act when and if you become incapacitated. The term "durable" refers to the document surviving the your incapacity.
With a non-durable POA, your agent's authority ends as soon as you become incapacitated. If you have a durable POA, your agent can continue to make decisions for you even after you become unable to make them yourself.
When you give someone durable power of attorney (DPOA), they maintain their role even in the event of your incapacitation. Durable power of attorney is an important tool in estate planning. If you're unable to make end-of-life decisions, the individual you choose can make decisions on your behalf.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
In Utah, estate planning includes two types of POAs, a financial POA and a health care POA. Examples of tasks a person granted an economic power of attorney can do for you include: Filing your taxes.
The power of attorney gives the agent specific authority to act on behalf of the principal. The areas of authority can be general, specific or limited. The statutory power of attorney form provides a checklist for the principal to use to designate the extent of the agent's authority.