Utah Power of Attorney: POA Delegates a Guardian’s or Parent’s  Powers to an Attorney-in-Fact

Under Utah law, a parent may use a Power of Attorney to delegate authority over a minor child temporarily.  See Utah Code Section 75-5-103.  Similarly, a guardian may use a Power of Attorney to delegate authority over a protected person.

Why Create a Utah Power of Attorney?

Through a Power of Attorney, a person called an “attorney-in-fact” is appointed to make decisions for a minor.  The Utah Power of Attorney, however, does not create a guardianship. The parent can choose how much authority to delegate to the attorney-in-fact.

Who Can Be an Attorney-in-Fact?

The parent should only choose a responsible adult as the attorney-in-fact.  This person need not be related to either the parent or to the minor but should be someone the parent can trust.  A Utah estate planning attorney can add further assistance in helping you decide what factors to consider when choosing an attorney-in-fact.

When Would Someone Create a Utah Power of Attorney?

A parent may create a Power of Attorney if that parent is going to be traveling out of the country for a few months and wants a responsible adult to help with the minor’s schooling, healthcare, and custody while that parent is gone.

When Would the Power of Attorney Take Effect?

The POA would take effect immediately after the parent signs the POA form in front of a notary.  This Power of Attorney would stay in effect up to 6 months.

Can the Utah Power of Attorney Be Revoked?

Yes, the parent has the authority to revoke the POA at any time.  However, the parent should provide written notice to the attorney-in-fact and others aware of the Power of Attorney.  It is recommended to destroy the original POA and its copies after revoking the authority or after it expires.

Contact a Utah Power of Attorney

If you are interested in creating a Power of Attorney in Utah, our Utah Estate Planning Lawyer team at Pearson, Butler & Carson can provide you a legal solution to protect you, your assets, and your wishes for your family and loved ones.  We have offices conveniently located in the Salt Lake area, including South Jordan and Layton, Utah.  Feel free to call a Utah Lawyer and speak with the estate planning attorneys at Pearson, Butler & Carson, PLLC, at (801) 495-4104.