A well-written power of attorney can also help protect against possible financial exploitation and abuse.Ī lawyer experienced in estate planning is the most appropriate person to write a power of attorney and give you advice about what is needed in your situation. The agent cannot use the principal's assets in a way that is against the principal's wishes.Ī well-written power of attorney can be a helpful legal tool to allow someone else to handle a person's financial matters without the need of more complex arrangements like a trust or a court-appointed guardian or conservator, which removes many or all of the person's decision making authority. For example, selling one specific piece of real property. It can also be very limited and restrict the agent to one or more very specific tasks. Powers of attorney properly executed under prior law are still valid documents.Ī power of attorney is a legal document in which one person (called the "principal") gives to another person (the "agent," or sometimes called the "attorney in fact") authority to act on behalf of the principal.Ī power of attorney can be very broad, allowing the agent to perform a variety of tasks. The law applies to a power of attorney created before, on, or after that date, and to any judicial proceeding concerning a power of attorney commenced on or after that date. Utah's Uniform Power of Attorney Act went into effect on May 10, 2016. It is not meant to answer all possible questions concerning powers of attorney. This is a general description of powers of attorney under Utah law.
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