What you need to know about a Power of Attorney



When going through your estate plan the term power of attorney might arise. You need to be well informed on all the aspects of what a power of attorney is and how it can work for you. The lawyers at Robinson, Seiler & Anderson in Provo can help you through the process of estate planning and establishing a power of attorney if needed. Below are some facts you need to know about a power of attorney.



Keep your Power of Attorney Durable

A Power of Attorney that is not durable becomes void upon the incapacity of the principal. In simpler terms if your power of attorney is not up to date and considered durable then when the person you have the power of attorney for becomes mentally/physically incapable or passes away you will lose the ability to use your rights as the designated power of attorney.


A Power of Attorney can be ‘springing’ or ‘non-springing
A non-springing power of attorney is one that is in effect immediately. The authority of the attorney-in- fact to act on behalf of the principal is not contingen
t upon the principal’s incapacity. A springing power of attorney means the attorney-in-fact has no authority to act under the document until a certain event happens. This event is often spelled out in the will of the individual you may have the power of attorney over.



You can have more than one Power of Attorney in Place
The idea of being the one who assumes the Power of Attorney when you become incapacitated can be very daunting to some. If they are unwilling to assume the responsibility you can name co-attorneys-in- fact. Of course, designating co-attorneys-in-fact is not appropriate in every situation
if your co- attorneys-in-fact cannot work well together, then the situation can quickly deteriorate. That is why it is important to discuss this aspect thoroughly with your lawyer.



There are many factors that come into play when you are planning for your estate plan and how to enact a power of attorney. Meeting with the lawyers at Robinson, Seiler & Anderson in Provo can give you the expertise you need. Call us today to set up a consultation. 

View Our Testimonials Announcement

Norman H. Jackson, Utah Court of Appeals Judge, Retired, has joined the law firm of Robinson, Seiler & Anderson, LC, effective April 2017.  Judge Jackson was one of the seven founding Judges of the Utah Court of Appeals and served terms as Presiding and Associate Presiding Judge.
Judge Jackson was the senior attorney in a Richfield law firm for eighteen years.  The firm engaged in legal, business and tax cases, including practice before State and Federal Courts, U.S. Board of Land Appeals, Utah Public Service Commission and Arizona Corporation Commission.  Clients included counties, cities, banks department stores, communications and credit associations, irrigation companies, auto dealers, building supply stores, farmers, ranchers and small businesses. They took “every type of case that came through the door,” from criminal defense work to a patent royalty dispute for the inventor of the Frisbee. Judge Jackson has been a lifetime rancher doing business in Utah as Jackson Cattle Company and Arizona as EJ Cattle Ranches.
Judge Jackson’s professional service includes terms on the Utah State Bar Commission, Bar Foundation (President and Vice President), Air Travel Commission, and Utah Information Technology Commission.  He served on the Judiciary’s Alternate Dispute Resolution Committee for thirteen years and initiated and supervised the Appellate Court Mediation Office.  He developed and advanced a realistic and workable framework for both of Utah’s Appellate Courts to use in reviewing trial court and administrative agency decisions.  He published three editions of Utah Standards of Appellate Review while participating in more than 2,000 appellate court decisions.  
Judge Jackson’s experience will complement the other outstanding lawyers at Robinson, Seiler & Anderson, LC.  The firm will continue its representation of injured individuals, as well as clients in real estate, business, estate planning, tax, contract and education matters.

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