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Collins Decision: Drafting Durable Powers of Attorney

In its 2013 opinion in In re Estate of Collins, 405 S.W.3d 602, the Missouri Court of Appeals Western District invalidated a right of sepulcher provision in a Durable Power of Attorney for Health Care (“DPAHC”) because the condition precedent requiring a physician’s certification of incapacity was not satisfied when Collins was killed instantly in an automobile accident.
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The Bar Plan is the only endorsed carrier of The Missouri Bar and The Tennessee Bar Association for Lawyers’ Professional Liability Insurance. We support local bar associations in each of our markets.
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