Death Care Compliance Law

Death Care Compliance Law

Preneed: A Pandora's Box of Problems

William Stalter is the founder of Stalter Legal Services and the Preneed Resource Company. Bill focuses his law practice on preneed and death care compliance, serving banks, funeral homes, crematories, and cemeteries. He has written multiple published articles

Tag Archives: estate planning

Transition Plans: Family Support

Posted in Power of Attorney, Transition Documents
The Kansas City Star recently devoted a column to Marty Schottenheimer, and his family’s support as he adjusts to life with Alzheimer’s.   Coach Schottenheimer was diagnosed with the disease in his late 60’s, but continues an active life, with the assistance of his wife, son, and daughter-in-law.  The column is a reminder that multiple family… Continue Reading

Estate Planning and Funeral Arrangements: A Will will be too Late

Posted in Preplanning, Right of Sepulcher, Transition Documents
Funeral and burial preplanning should be a part of every estate plan, but some web pages promoting estate planning can be misleading or impractical.   The estate planning page sponsored by Lawyers.com suggests that funeral arrangement preferences can be incorporated into a will or health care power of attorney to alleviate the financial and emotional burdens… Continue Reading

Right of Sepulcher: Last Rites Denied

Posted in Right of Sepulcher, Transition Documents
We recently came across a Missouri Law Review article that examined a Missouri Court of Appeals case that ruled a durable power of attorney for health care decisions was ineffective for the granting a right of sepulcher.  The form included a “springing” clause which was never triggered by two physicians’ determination of incompetency.  The article… Continue Reading

Missouri’s Personal Preference Law: End of Life Planning

Posted in Supulcher/Preference Laws
An important revision to Missouri’s personal preference law goes into effect on August 28th.  The original law (R.S.Mo. Section 194.119) was confusing to funeral directors about whether an individual could override the preferences of his/her next-of-kin.  With the revision, funeral directors can more comfortably rely upon the individual’s durable power of attorney when following the instructions of someone other than the… Continue Reading