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Category Archives: Powers of Attorney

Preventing Fighting over the Funeral in Missouri

A sad situation presented itself a few weeks ago.  A funeral director was demanding that all the children of a recently deceased client consent to a cremation. One of the children was out of the country permanently, and could not be reached. Fortunately I was able to convince the lawyer for the funeral home that the child making the arrangements had every right to do so.

In Missouri, this so called “Right of Sepulcher” is governed by statute. It sets up a logical order of people who can make decisions. The surviving spouse, if there is one, is first, children are next, etc. If children can’t agree then generally the first one there who takes financial responsibility gets to choose.

If you are concerned about this kind of fight on your passing you can make a special provision in your Missouri Durable Power of Attorney addressing this specifically – in other words, you can choose who will make the arrangements. Pre-planning your funeral or cremation is also a good idea.  Another good idea is creating a set of Final Instructions to Loved Ones.

Contact us if you have other questions.

Durable Powers of Attorney in Missouri

Durable Powers of Attorney are instruments that literally everyone age 18 or over should have. Sooner or later the vast majority of us will be disabled and need for someone to handle our affairs. From time to time, however, we get calls and questions about how they work after the person granting the power dies.… Continue Reading

HIPAA – What is it and Why Should Missouri Residents Care?

HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. The law deals with a variety of issues but we are most concerned about the privacy rules that are a part of the Statute. In general terms they provide that a patient must give written approval prior to their “protected” health care information… Continue Reading