Utah’s New Power of Attorney Act

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The Utah legislature recently adopted the Uniform Power of Attorney Act (the “Act”).  The Act became effective on May 10, 2016, and makes some significant changes to current Utah law.  With its enactment, Utah joins 20 other U.S. States in enacting this uniform legislation, though Utah has made some non-uniform changes of its own.  Here Read More

New Power of Attorney Law Holds Promise and Risk

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Powers of Attorney are powerful and potentially risky documents.  A person signing a power of attorney (the “Principal”) is delegating certain authority listed in the power of attorney to another person (the “Agent”).  Properly drafted, a power of attorney can be a useful tool in dealing with incapacity or absence.  However, persuading banks, title companies, Read More

Probate and Estate Litigation

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Despite everyone’s best efforts, sometimes there is a disagreement over the decedent’s estate and final wishes.  Sometimes these arguments are over personal property and  sometimes over sentimental items.  Other times, the issue is one of control and decision making.  Still other times it deals with undue influence over the decedent in the creation of the Read More

FAQ

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Q: What is Probate? A: Probate, simply put, is the process of appointing a surrogate (a substitute) to act on behalf of another who cannot act for themselves. For example, when a person dies owning real estate, unless there is a joint owner, there is no one alive who can sign a deed to sell Read More

Advanced Health Care Directive: Preparing for End-of-Life Care

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Medical science can keep a person alive almost indefinitely, even when their quality of life has severely deteriorated. For reasons both personal and financial, most opt out of prolonging life under such conditions, particularly when there is little-to-no hope for recovery. It is also common to need someone with authority to make medical decisions when Read More

Paying for Long-term Care

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Aging adults sometimes transfer their property outright to children in order to avoid using their life’s earnings on long-term medical care. My advice? Don’t do it. There are a myriad of pitfalls to this practice, including: Having to turn to one’s children in times of need Increased capital gains taxes to the children when they Read More

Pros of a Revocable Living Trust

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A trust is an entity (like a corporation) established to hold and manage property. It has its own separate existence apart from the grantor or creator of the trust. Trusts can be established during one’s lifetime (a “living” trust) or they can be established at death through a will (a “testamentary” trust). In the case Read More