The Missouri Power of Attorney delivers an agent with the opportunity to act in the place of the individual carrying out the document. In certain cases, some people may desire the assistance of another to perform personal duties on their behalf, whether it’s because they are too busy, not able to be present, or it’s just simply an inconvenience. This class of legal form can help such individuals appoint a trusted representative to manage affairs related to their finances, property, child’s care, and medical treatment based on the type of POA selected. Each variation of the form will request that the user provide the requisite information and stipulate which powers they want to grant to their attorney-in-fact. Once the form has been customized to the executor’s liking, they will need to endorse it as mandated by the state (generally requiring attestation of witnesses and/or notarization).
Laws
Statutes – Durable Power of Attorney Law of Missouri (§ 404.700 – § 404.737)
Definition – “Power of attorney”, a written power of attorney, either durable or not durable (§ 404.703(8)).
Signing Requirements – A power of attorney must be signed and dated by the principal, and if it involves powers related to the conveyance of real estate, then it must be acknowledged accordingly (§ 404.705(1)(3)). (Even if the instrument does not provide the authority to convey real estate, it is still recommended that the document be attested to by witnesses and/or notarized.)
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – This allows the principal to record their wants regarding medical care at the time of incapacitation and also assign an agent to make similar decisions for them.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses and a Notary Public
Durable (Financial) Power of Attorney – A POA that enables an attorney-in-fact to perform certain transactions involving the principal’s estate whether or not the grantor can act for themselves.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or a Notary Public Recommended
General (Financial) Power of Attorney – Grants broad financial powers to a person selected by the principal that will expire upon death, revocation, or incapacitation (non-durable).
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or a Notary Public Recommended
Limited (Special) Power of Attorney – A suitable document for those who wish to generate their own specific authority to grant to an agent.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or a Notary Public Recommended
Minor Child Power of Attorney – Gives simultaneous authority over a child so that a temporary caregiver can provide the minor with everything they require as a parent could.
Download: PDF, Word (.docx)
Signing Requirements: Both the parent/legal guardian and attorney-in-fact must sign in the presence of a notary public (§ 475.604).
Motor Vehicle Power of Attorney – This makes it possible for owners of a car or truck to delegate transactions to another party so that they may title, register, or sell an automobile on their behalf.
Download: PDF
Signing Requirements: Acknowledgment of Notary Public
Real Estate Power of Attorney – A form carried out for the purpose of assigning tasks to an agent that are relative to real property.
Download: PDF, Word (.docx)
Signing Requirements: Must be acknowledged and recorded as directed by the state if it involves the conveyance of real property (§ 404.705(1)(3)).
Revocation of Power of Attorney – Ceases an agent’s ability to act under a formerly achieved POA.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or a Notary Public Recommended
Tax Power of Attorney – Most commonly executed to grant an accountant access to one’s personal tax affairs.
Download: PDF
Signing Requirements: Necessitates the endorsements of the taxpayer(s) and their representative(s).