What Do Your Internal Corporate Documents Really Mean?


Tom Kutz and I were back on Insight on Business – The News Hour with Michael Libbie again to answer the important business questions that everyone should know. Between bylaws and minutes, do you know what your internal corporate documents really mean for you and your business? Click the link to listen to the podcast!

Life or Death Decisions: Power of Attorney for Health Care v. Living Will


Do you know the difference between a Living Will and a Power of Attorney for Health Care? The difference is extremely important to know when it comes to your estate plan and making sure you’re putting power in the right hands.

There are two fundamental differences between a Power of Attorney for Health Care[1] and a Living Will[2]:

  1. The Decision Maker
  • In a Power of Attorney for health care, YOU APPOINT someone you know to make health care decisions for you.
  • In a Living Will the decision maker is your attending physician (who you may or may not know).
  1. The Subject Matter
  • A Power of Attorney for Health Care authorizes the holder to make decisions regarding your medical care, treatment, service, or procedure to maintain, diagnose, or treat an individual’s physical or mental condition; including the use or withdrawal of life sustaining procedures.
  • A Living Will authorizes an attending physician to withhold life sustaining procedures if you have an incurable or irreversible condition that will result either in death within a relatively short period of time or a state of permanent unconsciousness from which, to a reasonable degree of medical certainty(as confirmed by another attending physician), there can be no recovery.
  • The authority of the appointee of a Power of Attorney for Health Care is much more broad than a living will, but includes the same authority as that granted to the attending physician in a living will.

At Kreamer Law Firm, P.C., we recommend that our clients have a Power of Attorney for Health Care, but NOT a living will. This is because:

  • The overlap of authority between the two holders could create a conflict between the person you appoint and your attending physician. By having only one document you have only one decision maker.
  • The best person to make these decisions is someone you appoint (and therefore trust) to make these decisions, since you may not even know who is your attending physician at the time a decision is necessary.
  • Although they make these decisions all the time, we feel that this places an undue burden on the attending physician, who is tasked with providing you the best health care possible in EVERY situation.

Contact the Kreamer Law Firm, P.C. at 515-727-0900 or sikjdcpa@kreamerlaw.com if we can be of assistance in your estate planning.

[1] Iowa Code Section 144A

[2] Iowa Code Section 144B

Yes, Lawyers CAN Have Fun, Too!

Last night, Kreamer Law Firm, P.C. sponsored the beer serving tent for the Historic Valley Junctions event/concert, Music in the Junction. And let me tell you, it was a great night! The weather was perfect, the music was great, and Tom Kutz and I had a blast handing out koozies and beers while showing the attendees that lawyers can have fun, too.


Secure Transactions and Blanket Liens

At the I-NEDA annual conference Sam Kreamer discussed some of the dangers that occur when blanket liens are involved in transactions. This issue is by no means an easy topic, and that’s why we’re here to help. Click the link to download the PowerPoint used that shows examples of the step by step procedures for these transactions. If you have any questions, feel free to contact us at 515-727-0900.

Upcoming Speaking Events

Whenever possible, one thing that I thoroughly enjoy doing is reaching out to the community and participating in speaking engagements to offer some (free!) legal advice. In the next few weeks I’ll be preparing for two big speaking events coming up in July.

On July 14th I’ll be speaking at the annual Iowa-Nebraska Equipment Dealers Association meeting on “Getting What You Bargained For-Problems With ‘Blanket’ Liens.”  Click the link for more information: http://ineda.com/event/neda-annual-mtg-conference/

And on July 27th and 28th, the Iowa State Education Association will have their Summer Leadership Conference where I’ll be discussing “Taking Charge: Estate Planning Considerations.” Click the link for more information: http://www.cvent.com/events/summer-leadership-conference/event-summary-47cda2d85bba475993053618d8308742.aspx

If you have any questions regarding legal decisions for your business or estate planning, feel free to contact me at Kreamer Law Firm by calling 515-727-0900, or by emailing info@kreamerlaw.com.

Welcome to the Firm

HeadshotNewKreamer Law Firm, P.C. is pleased to welcome Thomas Kutz, J.D., M.A. as a new attorney.

Thomas graduated from Drake University Law School in 2014 specializing in Business Law and Public Interest Law with a passion for business formation and cultural property protection.

He will be practicing in Business Law, Transactional Law, Entertainment Law, and Estate Planning for the firm.

Click the link below to check out his profile on our website! http://kreamerlaw.com/thomas-l-kutz-j-d/