Durable Power of Attorney in Missouri

By A.L. Kennedy

Granting another person durable power of attorney allows that person to take care of your legal, financial, and medical affairs even if you become unable to take care of them yourself. Missouri law has specific requirements for creating a durable power of attorney that names someone your attorney-in-fact.

Granting another person durable power of attorney allows that person to take care of your legal, financial, and medical affairs even if you become unable to take care of them yourself. Missouri law has specific requirements for creating a durable power of attorney that names someone your attorney-in-fact.

Definitions

A power-of-attorney document gives one person, known as the attorney-in-fact, the power to act on behalf of another person, known as the principal. Missouri law defines a "durable" power of attorney as one that allows the attorney-in-fact to act whether or not the principal is also capable of handling his own affairs. When acting on behalf of the principal, an attorney-in-fact has the power to make legal, financial and medical decisions that the principal may be held responsible for.

Ready to appoint a power of attorney? Get Started Now

Text

In order to provide a durable power of attorney, a document that grants power of attorney must include the following text, or wording substantially like it, according to Missouri law: "This is a durable power of attorney and the authority of my attorney in fact shall not terminate if I become disabled or incapacitated or in the event of later uncertainty as to whether I am dead or alive." This wording and legal alternatives may be found in Missouri Revised Statutes Section 404.75.

Consent

In order for a durable power of attorney to be valid in Missouri, the attorney-in-fact must agree to act on the principal's behalf in all situations, including those in which the principal cannot act for himself or cannot be found. If the attorney-in-fact does not agree to act when the principal is incapacitated, the durable power of attorney reverts to a "general" power of attorney, which is in effect only when the principal is capable of handling his own affairs.

Format

A written power-of-attorney document must be signed by the principal and dated, according to Missouri law. In order to ensure that the durable nature of the power of attorney is not questioned, it's also wise to put the attorney-in-fact's consent in writing, signed and dated by the attorney-in-fact. Missouri law does not require a durable power of attorney to be recorded with a court in order to be effective, except when the attorney-in- fact handles real estate transactions, like buying or selling property, on the principal's behalf, according to Missouri Revised Statutes section 404.705.

Ready to appoint a power of attorney? Get Started Now
How to Obtain Power of Attorney in Pennsylvania

References

Resources

Related articles

Uniform Power of Attorney Act

A uniform law is a proposed law drafted by the National Conference of Commissioners on Uniform State Laws, a private organization. A uniform law becomes effective only when state legislatures adopt it. As of 2011, every U.S. state except Louisiana has enacted the Uniform Power of Attorney Act, drafted in 2006.

Durable Power of Attorney in Massachusetts

A durable power of attorney, or POA, allows an agent to act on behalf of a principal — the person granting the power — even after the principal suffers an incapacitating illness. Massachusetts, like other states, allows individuals of sound mind to create a durable power of attorney, which can help safeguard the interests of the principal, his family and heirs.

Can a Mother or Father Obtain Power of Attorney if the Child Is Married?

The tension between a spouse and her in-laws is notorious, but a power of attorney is not an appropriate battleground. A power of attorney is a legal document in which one person conveys authority to another to make decisions on his behalf. The person making the power of attorney, termed the principal, is free to choose any trusted person to serve as his agent, including his mother or father.

Related articles

Power of Attorney Legal Forms for Alabama

A power of attorney allows one person, called the attorney-in-fact, to perform legal acts on behalf of another. It is ...

New Jersey Durable Power of Attorney

Granting power of attorney to someone you trust allows that person to take care of your legal, financial and medical ...

Financial Power of Attorney in Ohio

From time to time, a person may ask someone else to look after his affairs, for example if he is traveling abroad or ...

Difference Between the Durable and Regular Power of Attorney

A power of attorney is a means by which by one person, called a principal, authorizes another person, called an ...

Browse by category