End-Of-Life Resources

Power of Attorney or Guardianship

At the end of most lives, there is a period of time when reliance on others becomes unavoidable and essential.  Ensuring that those who will perform services are authorized to take actions necessary for your welfare requires either private documentation such as 1) Powers of Attorney, or a public 2) Court Process, commonly called an Adult Guardianship Proceeding will be required.  There are numerous resources and free forms available at the Utah Courts website for both Adult Guardianships and also for Powers of Attorney.  Additionally, the Utah State Bar sponsors the Guardianship Signature Program, providing low-cost guardianship services for qualifying families that file Request Appointment of Counsel in a Guardianship.

Caregiver Agreement to Compensate Caregivers of an Incapacitated Person

In cases where one or more family members provide care and services for an incapacitated person, it is permissible for the family to enter into a caregiver agreement.  Family caregiver agreements reflect a family's preference for care by family members, and also recognizes of the difficult work of and dedication of valuable time and efforts - economic opportunity cost - incurred when providing care for an incapacitated person.  In some cases, where the family agrees that the best solution is to have a child live with the parent, additional agreements will be needed such as a property agreement reflective of the situation.  As best practice, consents should also be sought.

Medicaid and Military Incapacity Benefit Programs

Some incapacitated individuals with limited resources may qualify for Medicaid, or if they have served the country during a time of war and qualify for VA benefits, some qualifying individuals can seek enhanced pension benefits.  Qualifying for the available programs is dependent on personal circumstances, and consulting with an attorney prior to application is essential.