Estates and Trusts

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Preventing the need for a conservatorship over the financial matters of an incapacitated person requires planning ahead with a power of attorney - before incapacity occurs.  While a simple statutory power of attorney is a one-size-fits all document and may not be suitable in all cases, they can be of help.  Where no power of attorney was put in place, a conservatorship may be necessary to take control of financial matters.

For more information about statutory powers of attorney, visit the Utah Courts website self-help pages to obtain a Utah Statutory General Power of Attorney   Caution should be taken in using the statutory form, as it is not suitable for everyone.  Speak with an attorney before implementing the statutory power of attorney if you have any questions

A general power of attorney does not usually address healthcare decisions.  In cases where a person is incapacitated but hasn't appointed a healthcare agent, it can become necessary to go to court to appoint a guardian.  This unnecessary stress, expense, and delay can be avoided by using a Utah Advanced Healthcare Directive.

Additional caregiver agreements or letters of instruction regarding the care of a person, such as instructions for care at home may also be desired.  Consult with an Attorney to ensure that the health care meets your needs and preferences.