What a Power of Attorney Does
A power of attorney is a legal document that grants one person — your agent — the authority to act on your behalf as if they were you. Depending on how it is written, your agent can conduct banking, manage investments, handle real estate transactions, deal with government agencies, file taxes, and more.
The scope of a power of attorney can be broad or narrow. I draft powers of attorney tailored to your specific situation — whether you need a general document covering all financial matters, or a limited document for a specific purpose like managing affairs while you travel abroad.
If you are over 18 and breathing, you should have a power of attorney. An accident or sudden illness can make you unable to handle your own affairs overnight. Without this document in place, your family must go to court to get the authority to help you.
Durable vs. Standard Power of Attorney
Historically, a power of attorney automatically terminated the moment the person who granted it lost mental capacity — precisely when it was needed most. Utah law changed this. Under Utah Code § 75A-2-104, a durable power of attorney remains valid even if you become incapacitated, and under Utah Code § 75A-2-110, it is not terminated by any lapse of time.
For estate planning purposes, I almost always recommend a durable power of attorney. It functions as your financial safety net — available to your agent immediately when circumstances require it, for as long as you are alive.
Common Uses for a Power of Attorney
Aging Parents
Adult children can manage utilities, banking, Medicare, and other affairs for a parent who is no longer able to handle them independently.
Missionary Service
Parents handle bank accounts, tax filings, and financial needs for a child serving a mission abroad. The document expires upon return or after a set period.
Extended Travel
Someone leaving the country for weeks or months designates an agent to handle affairs at home. The power expires on a specific date or event.
Illness or Injury
If an accident or illness leaves you temporarily or permanently unable to manage your affairs, your agent steps in immediately — no court order required.
What Happens Without a Power of Attorney
Without a durable power of attorney, if you become incapacitated, your family has no legal authority to manage your finances, pay your bills, or make legal decisions on your behalf — regardless of how close they are to you.
To gain that authority, they must petition a Utah court to appoint a conservator for your finances and a guardian for your personal care. This process is:
- Expensive — attorney fees, filing fees, and court costs
- Time-consuming — hearings and medical evaluations take months
- Public — court records are accessible to anyone
- Out of your control — the court, not you, decides who is appointed
A power of attorney — drafted while you are healthy — prevents this entirely.
Frequently Asked Questions
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A durable power of attorney authorizes someone you choose to act on your behalf for financial and legal matters. Unlike a standard power of attorney, the durable version remains valid even if you become incapacitated — which is exactly when it is needed most. Utah Code § 75A-2-104 specifically authorizes durable powers of attorney.
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A durable power of attorney does not expire due to the passage of time under Utah Code § 75A-2-110. It remains effective until you revoke it or pass away. Limited powers of attorney — such as those drafted for missionaries or travel — can be written to expire on a specific date or upon a named event.
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Yes. As long as you have mental capacity, you can revoke a power of attorney at any time by executing a written revocation and notifying your agent and any third parties who have relied on the document. I can assist with revocations and with updating a power of attorney when your circumstances change.
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Your family must petition a court to appoint a conservator to manage your finances and a guardian for your personal care. This process is costly, time-consuming, and public — and the court, not you, decides who is appointed. A durable power of attorney prevents this entirely.