Powers of Attorney

Power of Attorneys

What will happen to you and your “stuff” if you become sick or disabled?

Durable Power of Attorney

If you don’t have your own plan in place, the State has a set of rules to determine the answer to the above questions. The State’s answer is to have a Guardian appointed to determine what happens to you, and a Conservator appointed to determine what happens to your belongings. This is a judicial process that requires, just to begin, a Petition the Court, a background screening of the proposed Guardian and Conservator and everyone who lives with him or her, and notification to all your relatives and interested persons.

The process will cost at least $3,000 (if it is uncontested and everyone is in agreement) and sometimes upwards of $50,000 (if it turns into a fight). Once the Guardian and Conservator is appointed, he or she is required to provide the Court with an inventory of everything you own, and obtain a Court-approved budget about how YOUR funds will be spent, where you will live, and from whom you will receive care. Once the budget is approved, if you need anything not included, the Conservator will have to petition the Court to ask for permission to use additional funds (i.e. the court must approve the right for your Conservator to purchase a new coat for you when needed if it was not already included on your approved budget). Not only is the ongoing administration of your Guardianship/Conservatorship an invasion of privacy and an additional burden to the person willing to provide for your care, it provides an ongoing source of income to attorneys and the State, which comes out of YOUR ESTATE.

An alternative to the State’s solution of Guardianship/Conservatorship is to plan ahead with appropriate Powers of Attorney. If you have someone you trust, you can empower them to take care of your needs without having to ask for the Court’s permission and scrutiny. The appropriate Powers of Attorney lets youdecide who serves as your attorney in fact, under what circumstances, and how much authority he or she is given.

Not only do the Powers of Attorney let you decide the rules and keep some control over what happens if you become incapacitated or disabled, the basic Powers of Attorney can be drafted to meet your needs for about $300. For most people, this seems like a better option than giving up control and paying ten times the price after you can’t have a say in the matter.

For more information, contact the Midwest Elder Law Firm today at 573-445-4755 or send us a message.


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Our Clients Say

  • Testimonial #5
    Michael Wilde, 3/21/16

    “Thad Taylor helped my mother with all of the paperwork, communication and certification when my father needed a full-time healthcare facility. He not only worked with the facility, but also Medicare, Medicaid, the Social Security Administration, the Defense Finance and Accounting Services, Tricare, and a major financial investment firm, to insure that my dad was taken care of. Our family could not have done this without his help. I would strongly recommend Thad Taylor to anyone having to negotiate the long-term health care of a loved one.”Michael Wilde 3/21/16

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  • I would recommend Midwest Elder Law Firm to anyone.
    Diana L. Ahmad,

    1-24-15   I would like to take this opportunity to say how wonderful the Midwest Elder Law Firm is. I loved the free information class and the attention to detail provided by this firm. Working with them has been easy, as they readily respond to questions and get back to their clients quickly. I would recommend Midwest Elder Law Firm to anyone.Diana L. Ahmad

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  • I cannot begin to express with words how grateful I am . . .
    Donna Crawford, Fair Grove, MO

    My parents moved in with my husband and me, on a temporary basis, in the fall of 2007 due to failing health.  My Dad was the one who always managed their affairs and did so quite efficiently.  Due to his declining health it became more and more necessary for me to become involved in their care both physically and financially.  My Dad passed away in 2008 in our home.   My Mother, having health issues of her own along with the diagnosis of early Alzheimer’s, was unable to return to her own home.  Mom never wanted to go to a nursing home and as long as I could provide the care she needed we agreed that our home was to become hers as well.   It was at that time that I realized I needed to seek legal counsel to help me navigate the legalities of guarding the assets she and my Dad had worked so hard for.   My desire was to care for my Mom in my home as long as possible all the while knowing that at some future time a residential care center was a real, distinct and looming probability.   Some dear friends recommended Thad Taylor of Midwest Elder Law Firm.  From our initial phone conversation I knew that God, in His divine providence, had directed me to Mr. Taylor.   At our first meeting, Thad answered many questions in a forthright and understandable manner and assisted me in considering options that were available to me to keep my Mother at home as long as I could possibly care for her needs.  At our next meeting he drove to my home to meet my Mother and to hear first hand her wishes.  That spoke volumes to both my Mother and me!   Thad drew up the necessary documents and Mom lived with me until the day did come when I, along with other family members, made the most difficult decision we have ever made in our lives:  to place my Mom in a residential care center.  Even during this time, Thad was supportive of our decision and was there with the legal advice needed to provide for her continued care.   As Alzheimer’s gradually claimed the majority of my Mom’s ability to communicate intelligibly, I became her voice in every area of her life.  As her power of attorney I became increasingly concerned should something suddenly happen to me.  Again, Thad drafted the proper legal forms needed to guarantee Mom would be cared for in the event that should happen.  I truly feel that Thad’s knowledge and understanding of the law gave me the assurance I was doing all that I possibly could to provide for my Mother and for her care the way my Dad would have wanted.   When God chose to call my Mother home, Thad was only a phone call away with the legal advice I needed, as the trustee of their estate, to properly carry out my parent’s final wishes.   Decisions children make in regards to their parents care are some of the most grueling decisions they will ever make.  I cannot begin to express with words how grateful I am to Thad and his staff for being there for me during those difficult days, weeks, months and years.   I highly recommend Thad and Midwest Elder Law Firm!  They truly fulfilled their mission in helping me navigate through a very stormy season of my life with my aging Mother . . . and they did it with comfort, dignity and grace just as they say!Donna Crawford Fair Grove, MO

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  • Wonderful!

    1-24-15 I would like to take this opportunity to say how wonderful the Midwest Elder Law Firm is. I loved the free information class and the attention to detail provided by this firm. Working with them has been easy, as they readily respond to questions and get back to their clients quickly. I would recommend Midwest Elder Law Firm to anyone.  Diana L. Ahmad

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