What is an Advance Health Care Directive?

Frequently Asked Questions

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.

Who should I choose as my Health Care Attorney-in-Fact?

Frequently Asked Questions

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.

What does a "Health Care Attorney-in-Fact" do?

Frequently Asked Questions

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.

What is a Health Care Power of Attorney?

Frequently Asked Questions

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.

Can I give my back up Attorney-in-Fact different power than my primary?

Frequently Asked Questions

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.

What is a Springing Power of Attorney?

Frequently Asked Questions

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.

What is a Durable Power of Attorney?

Frequently Asked Questions

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.

Who should I choose as my Attorney-in-Fact?

Frequently Asked Questions

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.

What does an Attorney-in-Fact do?

Frequently Asked Questions

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.

What is a General Power of Attorney?

Frequently Asked Questions

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.

How often should I update my estate plan?

Frequently Asked Questions

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

Who should I appoint as my Successor Trustee?

Frequently Asked Questions

Dave Schleiffarth discusses important criteria to consider when selecting your successor trustee for a revocable living trust.

Can I leave gifts in my Will?

Frequently Asked Questions

Dave Schleiffarth discusses the details of leaving gifts for beneficiaries in one's Last Will and Testament.

Do I name a guardian for my children in my Will?

Frequently Asked Questions

Attorney Dave Schleiffarth discusses guardianship nomination in estate planning.

Who should I nominate as my Personal Representative?

Frequently Asked Questions

A key decision in one's Last Will and Testament is the selection of a Personal Representative. Here is some important criteria to consider.

What is a Personal Representative?

Frequently Asked Questions

A Personal Representative (called an executor in some states) oversees your estate and carries out the instructions of your Last Will and Testament.

What kind of issues are addressed in a Will?

Frequently Asked Questions

A Will names your personal representative, nominates guardians for minor children, and determines where or to whom your property & assets are to be distributed.

If I have a Trust do I still need a Will?

Frequently Asked Questions

A Will is still an essential part of an estate plan even if you have a Trust. If you have a Trust, your Will is called a "Pour-over" Will. A Pour-over Will is structured a little differently from a traditional simple Will and works in complementary fashion with your Trust.

What do Trust instructions look like?

Frequently Asked Questions

Flexibility and control are part of what makes a Revocable Living Trust such an effective estate planning tool. This video provides an overview of the wide ranging options available when having a Trust prepared.

Are Trusts only for the wealthy?

Frequently Asked Questions

One of the most common misconceptions about Trusts is that they primarily benefit the wealthy. This could not be further from the truth. Trusts have substantial benefits for individuals and families at most all income levels.

What are the benefits of a Revocable Living Trust?

Frequently Asked Questions

Compared to other planning instruments, such as a simple will, a Revocable Living Trust frequently offers many unique advantages. These include: avoiding probate (saving time, money, and convenience), ensuring privacy, and greatly increased control over asset distribution. 

What is a Trust?

Frequently Asked Questions

A Trust is a distinct legal entity that can own assets. A Trustee is appointed (typically yourself, while your alive) to manage these assets in a manner dictated by the terms of the Trust. When the creator of a "Revocable Living Trust" dies, the assets owned by the Trust are distributed and or held, as detailed in the Trust document. In the eyes of a Probate Court, no one who owned anything has died. The Trust continues to exist and seamlessly transfers assets to the Beneficiaries.

How do I avoid Probate?

Frequently Asked Questions

Essentially, Probate can be avoided by creating a Trust or through a series of other non-probative transfer techniques. Typically, creating a Trust and transferring your assets to said Trust--is the most efficient and effective method.

Does a Will protect my property from Probate?

Frequently Asked Questions

No. It is a very common misconception that property & assets transferred by a Will avoid Probate. This is false. 

Why do I want to avoid Probate?

Frequently Asked Questions

Probate is almost always significantly more expensive than having a Trust or using other non-probative transfers. Additionally, Probate is time consuming and involves a great deal of "red tape." Build an estate plan to avoid it!

What happens if I die without a Will?

Frequently Asked Questions

In Missouri, "intestate succession" laws dictate what happens to your assets if you die without a Will. In short, these laws set forth an order of priority amongst your potential heirs. This order starts with your spouse, then kids, and so on, to other relatives.  

What is Probate?

Frequently Asked Questions

Probate is a court administered process, overseeing the handling of a deceased individual's estate. It is time consuming and expensive. Proper estate planning can help your heirs avoid this unpleasant ordeal. 

Do I Need a Will or a Trust?

Estate Planning Essentials

Attorney David Schleiffarth examines the features of these two powerful estate planning instruments.

What Is a Power of Attorney?

Estate Planning Essentials

Attorney David Schleiffarth explains the purpose and importance of having a General Power of Attorney as part of an estate plan.

What Health Care Documents Do I Need?

Estate Planning Essentials

What is a Health Care Power of Attorney? What is an Advance Health Care Directive? Attorney David Schleiffarth discusses these critical health care documents and how they work together as part of an effective estate plan. 

Wills

Quick Topics

A brief, visualized overview of a Last Will and Testament (under Missouri law).

Trusts Pt. 1

Quick Topics

A brief, visualized overview of Trusts (under Missouri law).

Trusts Pt. 2

Quick Topics

A brief, visualized overview of Revocable Living Trusts (under Missouri law).

Financial Power of Attorney

Quick Topics

A brief, visualized overview of Financial Power of Attorney (under Missouri law).

Health Care Power of Attorney

Quick Topics

A brief, visualized overview of Health Care Power of Attorney (under Missouri law).

Advance Health Care Directive

Quick Topics

A brief, visualized overview of Advance Health Care Directives (under Missouri law).

Beneficiary Deeds

Quick Topics

A brief, visualized overview of Beneficiary Deeds (under Missouri law).

Special Needs Trusts

Quick Topics

A brief, visualized overview of Special Needs Trusts (under Missouri law).

What is Estate Planning?

Quick Topics

A brief, visualized overview of Estate Planning and the benefits it offers.

314-448-0527 

Call or text to speak to an attorney!
We now offer video conference & virtual consultations!

Start with our free, no-commitment consultation.

[Aggregate rating given] stars – [Number of reviews] reviews