Powers of Attorney

There are really only three requirements for a power of attorney to be legal:

  1. You must be able to understand what you are doing;
  2. It must be in writing; and
  3. It must be notarized.

Witnesses to the power of attorney are not required.  But, because you should be very careful about what power you give someone else, you should consult an attorney about exactly what should be in the power of attorney and how it should be written. 

Also, if the Power of Attorney includes the authority to transact business in connection with real property, the it should be filed with the County Recorder of the County where the property is located.

Once the document is signed and notarized, you should give the original signed Power of Attorney document to the person you chose as your agent so she or he knows the limits of the powers given and can prove that fact to others, such as your bank.


Other frequently asked questions about powers of attorney:

To see all the questions and answers, click here.

The information in this site is not intended as legal advice.
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represented "Laura".  "Laura" had previously experienced domestic violence from her husband but had returned to the relationship.   During the early part of the summer, her husband told her he was going to kill her.  She didn’t feel he was serious as he has said things like this before, without acting.  

Laura came home from work and was about to start dinner when her husband, his sister and another friend showed up.  Her husband started yelling at her and began physically assaulting her brother.  Laura left the house using the back door.  She got into her vehicle and left and went to a friend’s house.  About 30 minutes later, her husband showed up at the house. 

He came into the house without knocking and started pushing people around who were present in the home.  He demanded to know where his wife was; "Laura" was hiding in the closet and managed to get out again, and ran over to her mother’s house and to call the police. 

It was there that he finally caught up with her and beat her, he had a gun and put it to her head.  He also had a knife and told her he was going to shoot her and then cut her up.  The police came in time to arrest him.  Laura was transported to Duchesne county hospital with severe injuries.

Utah Legal Services assisted Laura in filing a protective order.  A protective order was then filed and granted.  The FBI came in and transported the opposing party to a federal facility where he was arraigned in federal court and is still awaiting trial.