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