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.
- How is a living trust different than a testamentary trust? Both a living trust and a testamentary trust can perform many of the same functions. The key difference between the two is the timing and mechanism of their creation. A living trust is created during the grantor's lifetime, and can be used immediately to hold and manage assets on behalf of designated beneficiaries. A testamentary trust is created by action of a last will and testament, and only comes into existence after the death of the decedent.
- What if I cannot appear in person at arraignment? There can be circumstances that simply make it impossible or impractical to be physically present at a scheduled criminal arraignment hearing. Health and distance are two common reasons, but there may be others as well. In misdemeanor cases, some Utah courts will accept a written waiver of the right to a formal arraignment. Some judges may also allow a "remote" appearance by phone or video, or may allow your attorney to appear in court on your behalf.
- 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.
- How do I get copies of a death certificate? 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.