Speak With Our Team Today
(801) 254-9450 Speak With Our Team Today
(801) 254-9450 (801) 254-9450 If you become incapacitated at some point in the future, having power of attorney documents already in place offers you the means to have someone you trust be responsible for important decisions on your behalf. This means your medical care or financial matters can be resolved by trusted family members or friends, not strangers.
A South Jordan power of attorney lawyer could help you evaluate your options and plan for the future. Power of attorney documents must comply with strict rules, so attempting to create them on your own is challenging. A skilled estate planning attorney from Carr | Woodall could help you with this vital task.
Powers of attorney are legal documents that give a third party the right to act on behalf of the document’s creator. They can be limited in scope, lasting only for a matter of days or even a single transaction, or they can last for as long as the creator is incapacitated.
These documents can be either durable or nondurable. Durable powers of attorney remain in place when the creator is incapacitated, while nondurable powers are revoked in that situation. There is also something known as a springing power of attorney, which does not take effect right away.
Instead, it will become active at a specified time, such as when a specific event occurs or the creator suffers from a certain medical issue. An experienced power of attorney lawyer in South Jordan could work with you to establish and create the most appropriate type of document for your circumstances.
There are two major requirements for a power of attorney to be valid under state law. First, the creator must be of sound mind at the time they execute the document. Just as with a last will and testament, lack of mental capacity can render these agreements invalid.
Second, there is a notarization requirement that is designed to prevent fraud and ensure that these documents are trustworthy. Anyone creating a power of attorney must sign it in front of a notary public for it to be valid.
It is important to ensure that any document created complies with the law. Working with a South Jordan lawyer to craft a power of attorney could give you that security.
The third party named in a power of attorney is referred to as the attorney-in-fact. There are few limits on who can serve in this role under state law, as long as they are a competent adult. However, there is a restriction to be aware of that applies to residents of nursing homes.
When a nursing home resident chooses an attorney-in-fact, they cannot select someone involved in operating the facility where they live. This includes owners, operators, employees, or health care providers who work in the nursing home. The purpose of this is to avoid undue influence on residents who are often in a vulnerable position.
There might not be strict limitations on who can be chosen to fill this role, but there are some practical considerations. It is always a good idea to find someone trustworthy who is also likely to be willing to take on this responsibility. An attorney in South Jordan could answer questions on selecting an agent for a power of attorney.
While most people think of wills and trusts when they consider the estate planning process, the reality is that powers of attorney are equally important. These documents give you agency and control over your life, even in scenarios where you cannot make decisions yourself. Contact Carr | Woodall today to learn how a South Jordan power of attorney lawyer could help you.