How to obtain the paper work
What is the process to have this done?
Do I need to see a Attorney to have this done?
Lawsuit / Dispute Attorney
Have an attorney prepare the power of attorney form. It is a form than can be as short as one page or can be as long as several pages. List the things your father want to empower you to do.
In my view, avoid online shop stops like LegalZoom for such a legal document. Such sites are fraught with danger as they lead folks to believe one size fits all for legal matters, and that is simply not the case.
Good luck and God bless you. I hope this helps.
See an attorney who does either estate planning or elder law. There are forms that one can purchase in Staples, etc. or from the Internet, but they are rarely complete and if you do this by yourself, you open yourself up to assertions, especially if you have siblings, of using undue influence or having dad sign when he was not competent to do so.
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1 lawyer agrees
I agree with the prior posts and would add that if you get a power of attorney with the right provisions, it might turn out to save you a ton of money down the road. If a power of attorney in Utah does not specifically spell out certain powers (e.g., to create a trust or engage in estate planning), the agent under the power of attorney won't be able to engage in certain future planning transactions for the person making the power of attorney.
Best of luck.
JASON C. HUNTER
I generally agree with the others who have tried to help answer your questions. I would add the following: (1) Is your father competent to sign a power of attorney? If his competency is questionable, you may have other family members who may think you're trying to take advantage of him and his money. (2) Some power of attorney documents say "my son can do any and all things I could do if I was competent." While that would seem to cover "everything," many financial institutions will not honor a POA that does not specifically give you the specific power to do the specific thing you are trying to do. For example, the POA I use is nearly 30 pages long, single spaced, because it enumerates practically every power imaginable. Good luck. Randy Holmgren