The Law Office of David S. Schleiffarth, LLC

The Law Office of David S. Schleiffarth, LLC An estate planning law firm serving clients throughout the greater St. Louis area.

04/07/2021

An Advance Health Care Directive informs your family and health care providers, the circumstances under which you would like to cease artificial life support. This document often works together with your Health Care Power of Attorney. If it is unclear whether the criteria of your Advance Health Care Directive has been met, your agent (as named in your Health Care Power of Attorney) would make this decision on your behalf.

03/31/2021

Your Health Care Attorney-in-Fact has great responsibility, as the individual responsible for your medical decisions (if you are incapacitated). It is important to choose someone who understands your health care preferences. Communicating your wishes to your Health Care Attorney-in-Fact is of tremendous importance. In terms of criteria for the person you choose for this role--trust, responsibility, geography, and age are all factors you should consider. Likewise, having a few back-ups is generally a good idea.

03/24/2021

A health care attorney-in-fact, is the person you appoint to make health care decisions on your behalf, should you become incapacitated. Furthermore, if you are incapacitated and your Advance Health Care Directive does not clearly address your situation--medical professionals will defer to your health care attorney-in-fact to make decisions regarding end-of-life care.

03/17/2021

A Health Care Power of Attorney is a legal document which assigns an individual to act as your proxy, should you be unable to make your own medical decisions. Additionally, it is wise to include a list of "back-up" agents in case your primary agent is unavailable.

03/10/2021

Power of Attorney documents allow for a great deal of personal preference and customization. Clients may be comfortable giving their spouse (or other primary Attorney-in-Fact) a certain level of power that they would not want to give to a back-up. It is always wise to list a back-up/successor, in case your primary Attorney-in-Fact is unable--however the powers you grant them do not need to be the same.

03/03/2021

A "springing" power of attorney grants your appointed agent the authority to act on your behalf--ONLY if/when you are deemed mentally incapacitated. So to speak, the power "springs" into effect upon your incapacity. However, one consideration is that typically a doctor or judge will need to determine that you are unable to manage your own affairs. Depending on your circumstances and preferences, this additional requirement could be seen as a safeguard or excessive "red tape" for your agent.

02/24/2021

A "durable" power of attorney remains effective regardless of the principal's mental capacity. By contrast, if a power of attorney did not contain a provision making it "durable"--any legal authority granted in the POA would cease upon the principal's mental incapacity.

02/17/2021

An Attorney-in-Fact is the individual you appoint as your agent in a Power of Attorney document. You give this individual a great deal of responsibility and authority. Accordingly, you should carefully consider certain criteria when making this selection.

02/10/2021

An Attorney-in-Fact is the individual appointed as one's agent in a Power of Attorney document (either general/financial or for health care decisions). The powers given to one's Attorney-in-Fact can be highly customized.

02/03/2021

Check out my new FAQ video on General Power of Attorney. A General Power of Attorney (sometimes referred to as a Financial Power of Attorney) allows you to appoint a proxy to act on your behalf, under specified circumstances. The powers and timing associated with your General Power of Attorney are highly customizable.

01/27/2021

Both time and life events can necessitate reevaluating your estate plan. This overview provides some general guidance.

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225 S Meramec Avenue, Suite #325
Clayton, MO
63105

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