The Missouri Durable (Financial) Power of Attorney is one of the most popular documents used for estate planning that grants an individual the ability to function on the behalf of another, regardless of the principal becoming incapacitated after its execution. With that being said, it should be recognized that the powers provided in this document are specific to one’s property and finances, and do not authorize the agent to make health care decisions for the principal. To begin the process, the party providing the access must supply the details that are relative to the arrangement and indicate which powers they wish to deliver. This is all followed up with the principal’s signature which should be observed by witnesses and/or a notarial officer to ensure the document’s validity.
Laws
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.)
Other Versions (3)
Missouri Durable (Financial) Power of Attorney – Version 1
Download: Adobe PDF
Download: Adobe PDF, MS Word (.docx)
Download: Adobe PDF, MS Word (.docx)
Related Forms
Advance Directive (Medical POA & Living Will)
Download: Adobe PDF
General (Financial) Power of Attorney
Download: Adobe PDF, MS Word (.docx)