What Legal Steps Are Involved in Gestational Surrogacy?

When you set out to explore a surrogacy arrangement in Draper, Utah, it requires some careful steps if you want to have a clear and binding agreement. It's always wise to work with an experienced gestational agreements lawyer so you can be certain you've met all the statutory conditions to validate your agreement. Binding Draper, Utah Surrogacy Agreements Age and Status Verification Everyone involved must be at least 21 years old, the intended parents must be married to each other, and both of them must sign as parties. The prospective gestational mother cannot be receiving Medicaid or any other state assistance at the time she enters the agreement. Either the prospective gestational mother or the intended parents must have lived in Utah for at least ninety days for the agreement to be valid in our state. If the gestational mother is married, her spouse must join the petition, and her own eggs cannot be used in the assisted-reproduction procedure, nor can her spouse's sperm or eggs be used. The agreement itself must state that she agrees to become pregnant by assisted reproduction, that she and any spouse or donors relinquish all parental rights and duties, and that the intended parents are to become the parents of the child. Documentation The prospective gestational mother must already have completed at least one pregnancy and delivery, and you'll need to show proof that counseling has been arranged for every party with a licensed mental-health professional. That professional must later sign a certificate confirming the sessions covered the options and consequences of the agreement. Unless the tribunal later waives it, the intended parents also have to complete a home study that follows the same fitness standards used for adoptive placements. Finally, you'll need to arrange medical evidence showing that another pregnancy will not create an unreasonable risk to the gestational mother's physical or mental health or to the unborn child. Compensation and Decision-Making The agreement must thoroughly cover the issue of compensation, if any, and expect the court to confirm that the amount is reasonable. Utah Code 81-5-808 permits payment of consideration, and it also expressly protects the gestational mother's right to make all health-related decisions for herself and the embryo or fetus. The agreement has to also allocate responsibility for all reasonable health-care expenses through birth and must address what happens if the arrangement should end before pregnancy. After the Agreement Is Air-Tight Once you and your lawyers are sure the agreement is what you want and follows Utah law, there's a hearing. At this hearing, the judge must find that all the above requirements have been met. If they have been, the judge will issue an order that validates the agreement, and without that validation order, the agreement is unenforceable. Talk to a Gestational Agreements Lawyer Without a strong agreement in place, what should be a wonderful experience can become a nightmare of confusion, expense, and court battles. Whether you're a prospective parent or a prospective gestational mother, you need your own lawyer on you r side to work with the other party's lawyer to ensure everyone is protected and all laws are followed. Call us today at Coulter ▪ Tateoka at 801-938-8402 for help. We serve clients throughout Utah and the West.

Should a power of attorney be part of your estate plan? In most cases, yes, and having a conversation with a local Draper, Utah power of attorney lawyer can help you understand exactly how this document can protect you, your estate, and your family. What a Power of Attorney Does You might think of your entire estate plan as something that only comes into play at your death. A power of attorney is something that can become valid while you're still alive, yet it's key to your estate plan. It names someone you trust, known as your agent, to handle decisions for you if you cannot speak for yourself. If you should be legally incapacitated for whatever reason (often because of accident or illness), your family would face a court process just to get the authority they need to pay your bills, finish a real estate sale you were in the middle of, or even talk to your doctors. That process takes time, costs money, and puts a judge in charge of choices for you. Financial Power of Attorney The agent you name with this power can manage your bank accounts, pay taxes, handle real estate, or deal with insurance. To consider how important this is, just think about your ordinary week. Mortgage payments come due. Property taxes arrive. Investment accounts need attention. Medical bills show up. If an accident or sudden illness leaves you unable to sign a check or talk to a bank, those obligations don't stop, and even if your spouse or adult child knows what you would want, they often can't do any of it without written authority. Medical Power of Attorney This person can make medical decisions for you when you're no longer able to make them yourself. Many people assume they can wait until health problems appear to set this up, but capacity is the problem with that plan. Once a doctor or court decides you can no longer understand a document, you lose the legal ability to create one. To have a say in your medical treatment and make sure it actually follows your wishes, your family may have to petition the court, gather medical evidence, notify relatives, and attend hearings. Meanwhile, the doctor or hospital will just do what they want. Creating the documents while you are healthy lets you avoid all of that. Setting Limits With a power of attorney, you can give broad authority or restrict it to specific tasks. You can name successor agents in case the first choice cannot serve. You can require the agent to report to other family members. In short, you stay in control. Working with a lawyer is the smart play here, because online forms are very limited and may not even follow Utah law. It's important that you be able to write your POA's authority precisely as you want it and know your directions will be accepted under the law. Talk to a Draper, Utah Power of Attorney Lawyer Visit us today at Coulter ▪ Tateoka in Draper, UT to schedule a consultation on your estate. Access experienced help from attorneys familiar with Utah law, who have been helping families in our area protect their legacy for generations.

Planning for the future is one of the most important steps you can take to protect your family, your property, and your wishes. If you are comparing a living trust vs. will in Utah, Coulter & Tateoka can help you understand which estate planning tools fit your goals. Call 801-938-8402 or contact our Draper estate planning lawyers to discuss your options. Many people know they need an estate plan, but they are not sure where to start. Some assume a will is enough. Others hear that a living trust can help avoid probate, but they are not sure if the added planning makes sense for their family. The right answer depends on your assets, your family structure, your privacy concerns, and how much control you want over the transfer of your property. At Coulter & Tateoka, we help individuals and families in Draper, Sandy, South Jordan, Lehi, Salt Lake County, Utah County, and surrounding areas create estate plans that are clear, practical, and tailored to their needs. What Is the Difference Between a Living Trust and a Will? A will is a legal document that explains who should receive your assets after you pass away. It can also name a guardian for minor children and appoint a personal representative to manage your estate. A living trust, often called a revocable living trust, is a legal arrangement that allows you to transfer assets into a trust during your lifetime. You can usually serve as your own trustee while you are alive and capable. After your death or incapacity, a successor trustee manages or distributes the trust assets according to your instructions. The biggest difference is how each document works after death. A will generally goes through probate. A properly funded living trust may help your family avoid probate for assets held in the trust. Utah Courts explain that probate is the legal process of settling an estate, and Utah’s small estate affidavit process is limited to certain estates under $100,000 with no real property. What Is a Will in Utah? A will gives written instructions for how you want your property handled after death. It can name beneficiaries, identify who should manage your estate, and state who you want to care for your minor children. A will may be a good fit if you have a smaller estate, limited assets, or a straightforward family situation. However, a will does not automatically keep your estate out of probate. If your property needs court administration, your family may still need to go through the Utah probate process. A will can help you: Name beneficiaries for certain assets Choose a personal representative Name guardians for minor children Leave instructions for personal property Create a basic estate planning foundation A will is often part of a complete estate plan, even when a client also has a living trust. For example, many trust-based plans include a pour-over will, which is designed to move certain remaining assets into the trust after death. For help reviewing or preparing a will, visit Coulter & Tateoka’s Trusts & Wills page. What Is a Living Trust in Utah? A living trust is designed to hold and manage assets during your lifetime and after your death. In many cases, a revocable living trust allows you to keep control while you are alive, make changes when needed, and appoint someone you trust to step in if you become incapacitated or pass away. A living trust can be especially useful for Utah homeowners, business owners, blended families, families with minor children, and people who want to keep estate matters more private. A living trust may help you: Avoid probate for properly funded trust assets Keep estate matters more private Plan for incapacity Create smoother asset transfers Reduce delays for loved ones Provide structured inheritance instructions Protect family harmony by reducing uncertainty Coulter & Tateoka notes that comprehensive estate planning, including a living trust, can help avoid probate, unnecessary court costs, and keep personal affairs private when properly prepared and funded. Living Trust vs. Will: Which One Avoids Probate? This is one of the most common estate planning questions: Does a living trust avoid probate better than a will? In many cases, yes. A properly funded living trust can help avoid probate for assets titled in the trust. A will, by contrast, often requires probate before assets can be distributed. The key phrase is properly funded. Creating a trust document is not enough by itself. Assets usually need to be retitled or assigned to the trust. If you create a trust but leave major assets outside of it, your family may still face probate. Coulter & Tateoka specifically notes that if you have already executed a trust, the trust alone may not avoid probate. The key is properly funding the trust. When a Will May Be Enough A will may be enough for some Utah residents, especially when the estate is simple and there are few assets that would require probate. A will can also be a more direct starting point for younger adults, unmarried individuals, or people who are creating their first estate plan. A will may make sense if: You have limited assets You do not own real estate Your beneficiary designations are current You mainly need to name a guardian for minor children You want a simple estate planning document Your family situation is straightforward However, “simple” does not always mean “safe.” A will still needs to be drafted properly, updated when life changes, and coordinated with beneficiary designations, jointly owned property, retirement accounts, life insurance, and other estate planning documents. When a Living Trust May Be Better A living trust may be better when you want more control, privacy, and probate avoidance. For many families in Draper and throughout Utah, a trust-based estate plan provides a more complete structure than a will alone. A living trust may be a better fit if: You own a home or other real estate in Utah You own property in more than one state You want to reduce the risk of probate delays You want your estate plan to stay more private You have minor children or young adult beneficiaries You have a blended family You want to plan for incapacity You own a business You want to control how and when beneficiaries receive assets You want to reduce confusion for your loved ones A living trust can be especially valuable for families who want more than a one-time transfer of assets. For example, parents may want children to receive funds at certain ages or for specific purposes, such as education, housing, or health needs. Living Trust vs. Will for Utah Homeowners For many Utah families, the home is the most valuable asset in the estate. If you own a home in Draper, Sandy, Riverton, South Jordan, Lehi, Herriman, Salt Lake City, or another Utah community, your estate plan should clearly address what happens to that property. A will can say who should receive your home, but the property may still need to pass through probate before the transfer is complete. A living trust can help avoid that issue when the home is properly titled in the trust. This matters because probate can create delay, paperwork, court involvement, and added stress for surviving family members. A properly prepared trust can make the transfer process smoother. Living Trust vs. Will for Parents With Minor Children Parents often focus on one question first: Who will care for my children if something happens to me? A will is commonly used to name a guardian for minor children. That is one reason many families still need a will, even if they also create a living trust. A living trust can then provide the financial structure. Instead of leaving assets directly to children, the trust can explain how funds should be managed, who should manage them, and when children should receive distributions. For families with young children, a complete plan may include: A will naming guardians A revocable living trust Powers of attorney Health care directives Beneficiary designation reviews Instructions for trustee management Guardianship planning if needed Coulter & Tateoka’s estate planning services include related planning areas such as Guardianship & Conservatorship, which may be important for families planning for children or vulnerable adults. Living Trust vs. Will for Blended Families Blended families often need more detailed estate planning. A simple will may not address every concern when there are children from prior relationships, remarriage, shared property, separate property, or concerns about future disputes. A living trust can help clarify: Which assets go to a surviving spouse Which assets go to children from a prior relationship Whether distributions happen immediately or over time Who controls trust assets after death How to reduce conflict between beneficiaries What happens if a spouse remarries Without careful planning, families can face confusion, resentment, or litigation. A trust can provide more detailed instructions than a basic will and may reduce the risk of disagreements later. Living Trust vs. Will for Business Owners Business owners often need more than a simple will. If you own a Utah business, your estate plan should address what happens to your ownership interest, who has authority to act, and whether the business can continue operating during incapacity or after death. A living trust may help create continuity. It can work with operating agreements, buy-sell agreements, business succession plans, and other legal documents. Coulter & Tateoka also provides guidance for Business Succession Planning, which can be especially important for entrepreneurs, family businesses, and closely held companies in Utah. Does Everyone Need a Living Trust? Not everyone needs a living trust, but many people benefit from one. The decision should not be based on a generic rule. It should be based on your estate, your family, and your goals. You may not need a living trust if your estate is very small, you do not own real estate, and your assets already pass through beneficiary designations or joint ownership. But even then, you may still need a will, powers of attorney, and health care documents. You may benefit from a living trust if you own real estate, want privacy, want to avoid probate, have minor children, own a business, have a blended family, or want more control over inheritance. The best approach is to speak with a Utah estate planning attorney who can review your situation and explain your options. Common Mistakes People Make With Wills and Trusts Many estate planning problems happen because people use incomplete documents, outdated forms, or plans that do not match their real-life assets. Common mistakes include: Creating a trust but never funding it Relying on an old will after marriage, divorce, birth, or death in the family Forgetting to update beneficiary designations Naming the wrong person as trustee or personal representative Failing to plan for incapacity Leaving real estate out of the plan Using online templates without Utah-specific guidance Not addressing blended family concerns Failing to review the plan after major asset changes Coulter & Tateoka recommends reviewing estate planning documents when they are more than two years old, especially if relationships, beneficiaries, financial assets, or guardianship appointments have changed. What Documents Should Be Included in a Utah Estate Plan? A strong estate plan often includes more than one document. Depending on your needs, your plan may include: A last will and testament A revocable living trust A pour-over will Durable power of attorney Health care directive HIPAA authorization Guardianship nominations Trust funding documents Business succession documents Beneficiary designation updates The goal is not just to decide who gets what. A well-built estate plan should help your loved ones understand what to do, reduce unnecessary conflict, and protect your wishes if you become incapacitated or pass away. How Coulter & Tateoka Helps With Wills and Living Trusts in Draper, UT Coulter & Tateoka works with individuals and families throughout Draper and nearby Utah communities to create estate plans that are practical, clear, and built around the client’s goals. The firm assists with: Estate planning Trusts and wills Revocable living trusts Probate avoidance planning Trust administration Probate and estate administration Trustee and personal representative representation Beneficiary and heir representation Guardianship and conservatorship Business succession planning If you already have a will or trust, the firm can also review your existing documents and help determine whether updates are needed. Learn more about the firm’s Estate Planning & Trusts services. Living Trust vs. Will: Which Should You Choose? A will may be the right starting point if your estate is simple and you mainly need to name beneficiaries, appoint a personal representative, and choose guardians for minor children. A living trust may be the better option if you want to avoid probate, protect privacy, plan for incapacity, manage real estate, provide structured inheritance, or reduce the burden on your family. For many Utah families, the strongest plan includes both. A living trust handles trust assets and long-term instructions, while a will covers guardianship and assets that may not have been transferred into the trust. The most important step is not choosing a document based on what you read online. The most important step is creating a plan that actually works for your family, your property, and Utah law. Speak With a Draper Estate Planning Lawyer About Living Trusts and Wills If you are deciding between a living trust and a will in Utah, Coulter & Tateoka can help you make a confident, informed decision. The right estate plan can protect your family, reduce confusion, and give your loved ones clear instructions when they need them most. Call 801-938-8402 today or contact Coulter & Tateoka online to schedule a consultation with a Draper estate planning lawyer. Whether you need a will, a living trust, a trust review, or a complete estate plan, the firm can help you take the next step.