Legal Question in Wills and Trusts in Utah

durable power of attorney

Could you tell me what a durable power of attorney is, and also if one is needed with a living trust?


Asked on 5/05/09, 7:14 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: durable power of attorney

A regular power of attorney is invalid when the grantor becomes incompetent (senile or unconscious) A durable power continues to be valid if the grantor becomes incompetent. You should have one as part of a good estate plan. CAUTION if you are trying to do it yourself on an internet estate plan, please do not do it without having it reviewed by an attorney. A generic plan might or might not be good for you, plus there are specific ways which the plan must be executed to be valid. You may call for a free consult if you have more questions.

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Answered on 5/06/09, 10:42 am


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