Statutes – Durable Power of Attorney Law of Missouri (§ 404.700 – § 404.737)

Definition – “A ‘durable power of attorney’ is a written power of attorney in which the authority of the attorney-in-fact does not terminate in the event the principal becomes disabled or incapacitated or in the event of later uncertainty as to whether the principal is dead or alive and which complies with § 404.705(1) or is durable under the laws of any of the following places:

(a) The law of the place where executed;
(b) The law of the place of the residence of the principal when executed; or
(c) The law of a place designated in the written power of attorney if that place has a reasonable relationship to the purpose of the instrument.” (§ 404.703(4))

Signing Requirements – A durable POA 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.)