Power of Attorney in Layton, Utah

Find the right Power of Attorney attorney in Layton, UT

Power of attorney in Layton, Utah is a legal setup in which one person (the principal) grants another (the attorney-in-fact) the authority to make legally binding decisions on his or her behalf. This is done for a variety of reasons, both personal and business-related, but it is frequently done to permit the attorney-in-fact to make crucial decisions for the principal in the event that the principal becomes incapacitated or disabled, and thereby unable to make his or her own decisions.

The principal can state in advance the scope and nature of the attorney-in-fact's authority. The agreement should be very clear on this matter, so you give the attorney-in-fact enough authority to carry out your instructions, but not more than they need in order to accomplish your objectives. Moreover, the attorney-in-fact should be someone you trust, such as a family member or life partner. You also need to be aware of the fact that your unique situation, as well as the actions you want the attorney to be able to take on your behalf, will help determine the most effective arrangement.

For example, if you have very specific desires for your end-of-life care, but are worried that you won't be able to express your wishes when the time comes, you can grant someone power of attorney in advance, so they'll be able to ensure that your wishes are carried out, if necessary. You should draft an agreement giving the attorney-in-fact power of attorney only in the event that you truly become incapacitated. Presumably, if you are able to make and express your own medical decisions, you'll want to do it yourself.

In Layton, Utah, you can sometimes find pre-printed forms that let you easily draft a power-of-attorney agreement. However, if your situation is particularly complex, you should probably have a lawyer draft it for you, to ensure that the agreement is enforceable, or that there are no surprises.

Types of Power of Attorney Arrangements in Layton, Utah

There are 3 power-of-attorney arrangements that can be set up in Layton, Utah. Which one is best for you will largely depend on your goals, and your individual situation. They are:

1. Limited power of attorney - this lets the attorney-in-fact exercise limited authority in a single transaction. It is useful, for example, if someone is buying property in another state, and the deal is nearly done, but a few documents need to be signed. The buyer could give a resident of that state power of attorney, authorizing him or her to complete the transaction on the buyer's behalf. Conveniently, the power automatically terminates when the transaction is complete.

2. Durable power of attorney - unlike limited power of attorney, discussed above, this does not automatically expire, though the principal can end it at any time. It is typically not limited to a single transaction, either. Rather, it covers a broader subject matter, though it still has limits. For example, you could give someone durable power of attorney to make medical decisions for you, but they would only be permitted to act in that context.

3. Springing power of attorney - this is a form of power of attorney which doesn't truly take effect until the occurrence of some stated event. This event can be anything, but it is typically the principal becoming disabled. You should be aware, though, that it is not always clear what "disabled" means in such an agreement, which can result in disagreements, resulting in litigation.

Can a Layton, Utah Lawyer Help?

Drafting a power of attorney agreement in Layton, Utah is not always easy. And even if the arrangement you want to set up is relatively simple, it might still be a good idea to have a lawyer go over it, just to make sure that there are no flaws that might prevent it from being implemented.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Layton

Layton, Utah is a city located in Davis County. It has a population of about 60,000 people.

Layton, Utah is named after Christopher Layton, a Mormon missionary and early settler of the region. In the decades after its founding, Layton's growth in population and wealth was slow but steady. However, the establishment of Hill Air Force Base nearby, followed almost immediately by America's entry into WWII, led, almost overnight, to a huge spike in population, changing the face of Layton forever. War workers streamed into the area, transforming Layton from a small agricultural community to a bona fide city.

After the war, growth slowed, but continued to be fueled by the growth of nearby Salt Lake City, for which Layton is now a major "bedroom community" (a town on the outskirts of a much larger city, serving largely as a residential area for people who work in the city).

Thanks to its proximity to Salt Lake City, Layton is home to a thriving legal community. If you are facing a legal issue, there is almost certainly a Layton, Utah lawyer who can help you solve it.

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