Certified copies of the death certificate can normally be obtained through mortuaries, funeral directors or directly from the Utah Department of Health. Before going to the effort of getting copies, it is generally a good idea to determine how many copies you think you will need, and then get a couple of extra just in case.
- What is the difference between a living will and a living trust? Although the two terms are similar, they refer to very different estate planning tools. A living will allows a person to state end-of-life medical care preferences and to name a person who act on their behalf if they are no longer able to speak for themselves. A living will in Utah is normally included as part of an advance health care directive. A living trust is created during your lifetime and can be used both to hold and manage assets during your lifetime and to manage and distribute assets to others after your death.
- Does a prosecutor have to provide copies of search warrant affidavits? Under Rule 16 of the Utah Rules of Criminal Procedure (2022), a prosecutor is required to disclose and provide the defense with a copy of any warrant relating to the case. This includes any search warrants. The rule also requires prosecutors to turn over copies of any warrant affidavits filed in support of such warrants. When a judge signs a search warrant in Utah, the court should require an affidavit from the officer seeking the warrant. The affidavit is supposed to set out the facts believed to establish probable cause to justify the warrant. That affidavit must also be provided…
- Is a durable power of attorney valid after the person dies? A durable power of attorney becomes invalid upon the death of the principle. A durable power of attorney differs from a standard power of attorney in that it continues to be effective even after the principle has become incapacitated. But no power of attorney exists following the death of the principle. In order to act on behalf of a deceased individual, Utah law normally requires the appointment of a personal representative.
- Can I resolve my case at the arraignment? In misdemeanor cases, you can sometimes resolve your case at the first hearing (arraignment). Generally, however, this will mean some kind of conviction will be entered on your record. More often, a better result is obtained when you begin by entering a "not guilty" plea and seeking the advice and assistance of a good attorney.