Gregory E. Robinson, P.C.

Delegating Authority Legally and Responsibly

A power of attorney is a document used to delegate authority to another person. The person who executes a power of attorney, the principal, gives authority to another person, an agent or attorney-in-fact, to make financial and/or health care decisions for the principal in a medical power of attorney.

A principal can decide on the scope of the authority delegated to the attorney-in-fact. The principal can delegate very broad authority to the attorney-in-fact or the authority can be limited in scope.

For example, limited powers of attorney are used frequently to close on the sale of a residence when the principal will not be present at closing. The principal can delegate limited authority to the attorney-in-fact to accomplish a specific task, namely executing the documents necessary to transfer title on the principal’s residence. After the closing is concluded, the authority of the attorney-in-fact is terminated.

A principal can execute a durable or a non-durable power of attorney. A durable power of attorney is one in which the authority given to an attorney-in-fact continues on or “endures”, when the principal has become disabled. The authority in a non-durable power of attorney terminates when the principal becomes disabled and unable to act. In Missouri, in order to create a durable power of attorney it must comply with the requirements found in Section 404.705 RSMo. A power of attorney must be created and executed properly in order to be effective and binding. The attorneys at the law firm of Gregory E. Robinson, P.C., have the experience to assist you in creating the appropriate type of power of attorney as well as advise you concerning your overall estate plan.

Many people spend more time planning their vacation or a wedding than they do planning for their own estate. Our estate planning attorneys have many years of experience in helping clients with their estate planning. We have the experience to assist you in asset protection during your lifetime and also to help you transfer your wealth upon your passing to your beneficiaries. There are many methods our estate lawyers use to assist clients. Some of the more common tools include:

• Powers of Attorney (for both financial and health care);
• Trusts (both revocable and irrevocable); and
• Wills

For individuals who fail to plan, the State of Missouri has a plan in place. The State of Missouri has a method of distributing assets for those individuals who fail to plan. This is called the laws of intestate (dying without a will) succession. See Section 474.010 RSMO

Our law firm is conveniently located in Chesterfield, Missouri, to serve our clients throughout the St. Louis area. Whether you need a revocable living trust, financial powers of attorney, health care powers of attorney, a simple will, or a more comprehensive estate plan, feel free to contact our office today to discuss your estate planning needs with one of our experienced attorneys.