Turning 70 is a milestone, but before you get there, be sure your legal affairs are in order. The sooner you start planning, the better. If you wait too long, you will constantly worry about money, health, and your family’s future.
Although Utah has been the youngest state for a long time, its population is getting older. By 2060, 20% of the state’s population will reach retirement age, says a recent report.
In other words, you need to plan for your future as soon as possible. Utah’s elder care laws can be tricky. If you don’t take the right steps now, your family may be left with a legal mess later.
Here is your elder law estate planning checklist to get started.
1. Make Your Will
A will is your voice when you’re gone, and it’s also one of the best elder law estate planning tools. It tells the executor how to handle your estate and personal belongings after your demise. If you die without a will, the state gets to decide these things, which may not necessarily align with your wishes.
Many people think wills are for the rich, but that’s wrong. If you own anything, such as a house or even a car, you need a will. Despite this, only 24% of Americans had a will in 2025.
If you don’t have a will, talk to an elder law attorney immediately. They can help you write a will that fits your lifestyle and honors your wishes. If you already have a will, update it every 3–5 years or after any big life change like a divorce, remarriage, or death in the family.
2. Set Up a Durable Power of Attorney
As you grow older, your health risk increases. If you get sick or can’t make decisions, you need someone you trust to step in. That’s what a durable power of attorney (DPOA) does. It’s durable because it remains in effect even if you are incapacitated.
With a DPOA, you choose a person to pay bills, handle money, or do any legal work on your behalf. However, pick this person carefully. You want someone who will respect your wishes, not just do what they want.
Your elderly law attorney will help you decide what goes into your DPOA or whether you need more than one type of POA. Discuss all your requirements with your lawyer to make an informed and legally sound decision.
3. Create an Advance Health Care Directive
Health becomes unpredictable as you get older, especially if you have a family history of dementia or other health issues. In the future, if you can’t speak for yourself, who will talk to doctors for you? With an Advance Health Care Directive, you can name that person.
This document will answer questions like:
- Do you want life support?
- Who should make decisions for you?
- What kind of care do you want if you are terminally ill?
For example, many Utahns set up a do-not-resuscitate (DNR) order. It’s a request not to offer CPR if your breathing or heart stops. But you have to make sure your advance directive follows elder care laws in Utah. An attorney can help you plan for long-term care or set up a DNR depending on your wishes.
4. Protect Your Home from Medicaid Recovery
Most elders in Utah rely on Medicaid for their healthcare needs. In 2025, 337,000 children and adults are enrolled in Utah Medicaid. But this healthcare service is not entirely free.
After your demise, the state can try to recover the money you owe, typically by going after your home. Many families don’t find this out until it’s too late, and they risk losing the house they worked their whole life to pay off.
However, there are legal ways to protect your home before that happens. With the help of an elder law attorney, you can use tools like Medicaid Asset Protection Trusts (MAPTs) to shield your home and still qualify for Medicaid when needed. But you must act early because Utah follows a five-year “look-back” rule, which means last-minute transfers or gifts can trigger penalties and delays.
5. Consider a Recoverable Living Trust
If you live in Utah and you’re over 60, a living trust may be one of the best legal tools to protect your assets and your family’s future. When you pass away in Utah, your assets (like your house, savings, or investments) go through probate court, even if you have a will.
Probate is a court process that can take months and cost thousands. But with a living trust, your assets, like your home, bank accounts, and investments, pass directly to your loved ones without court delays or public exposure.
A revocable living trust lets you stay in full control while you’re alive. You can use, move, or change anything inside the trust at any time. But when you pass away or become unable to manage your affairs, your chosen trustee steps in to carry out your wishes.
A competent elder law attorney in Utah will help you draft the trust, transfer your assets into it, and make sure everything follows state law. They’ll also help you create a backup will, called a pour-over will, just in case you forget to add something to the trust.
6. Pre-Plan Your Funeral Wishes
Talking about your funeral isn’t easy, but it’s one of the most helpful things you can do for your family. Putting your funeral or cremation wishes in writing can prevent confusion, arguments, or rushed decisions during an emotional time.
You can also set aside money for your funeral or even prepay with a local provider. It removes a financial burden from your family as they are grieving. Share your plans with someone you trust. Be sure to include them in your estate documents with help from a trusted elder law attorney in Utah.
7. Work with an Elder Law Attorney
Don’t try to handle elder law estate planning yourself. Utah has specific rules for Medicaid, long-term care, estate taxes, and guardianship, and one small mistake can affect your family’s future.
Working with a skilled elder law attorney in Utah gives you peace of mind. They know how to protect your home, prepare for incapacity, and make sure your wishes are followed legally.
Call Jeremy Law Now to Plan Your Future
Getting your legal affairs in order before turning 70 is one of the best gifts you can give your family and yourself. With Utah’s elder care laws always changing, you can’t afford to wait. Work with a professional and trusted elder law attorney to take the right steps at the right time.
At Jeremy Atwood Law, we can help you plan your future. We offer simple, clear, and personalized legal advice to all our clients.
Reach out to us to schedule your free 15-minute consultation today.
