A Power of Attorney in Missouri is a legal document that grants an individual (agent) the authority to make decisions on behalf of another (principal).
These decisions can be financial, medical, family-based, or legal. These forms can also vary in duration and authority but are only effective while the principal is alive.
There are many reasons to draft it. Whether the principal wants to take precautionary steps or leave the state, a POA can be helpful.
The principal can choose to make a power-of-attorney for a brief, temporary situation. An agent is someone who can represent the principal with financial matters. They can also be appointed for long-term actions. For example, they can designate an agent to assist them in making medical decisions if they feel they have a medical problem.
This article will provide information on the different types of POAs in Missouri and the laws and regulations surrounding them.
Drafting a Missouri POA
Missouri Power of Attorney Requirements
The State of Missouri requires several conditions to be met for it to be legally binding. The requirements for the form may be found in Section 404.705.
Missouri law requires it to be highly specific in the type of authorities being presented. It should mention who is granted authority and what the form entails. Missouri also requires all powers of attorneys to be signed by a notary public.
The date of signing should be written down and the time frame in which the POA will be in effect. The names and contact information of both the principal and the agent should also be included. The specific powers authorized to the agent should also be in writing. Finally, the name and signature of the notary public are also required.
Governing Laws
The primary law regarding it is governed by 404.800, et seq. Durable POA for Health Care. These statutes define “durable” and explain all of the requirements for the proceedings and their limitations.
Specific to the State of Missouri, no agent is allowed to authorize the withholding or withdrawal of “artificially supplied nutrition and hydration”. In other words, an agent is not legally able to choose to reject life support.
According to the State of Missouri, all durable POAs must be signed, dated, and include a provision that states how the form will be durable throughout incapacitation.
The laws also dictate that it can be revoked at any time if the principal can communicate that wish. Therefore, the POA becomes invalid as soon as the principal conveys their intent.
Different Types of POA
It is a generalized term. But in reality, there are many forms that the agent can use to make decisions. But, again, this is for all parties’ protection. The agent is not allowed to take over all crucial decisions in a principal’s life, but only those explicitly granted.
Following are 9 of Missouri’s most common forms.
Durable (Statutory) Power of Attorney Form
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney Form
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Limited Power of Attorney Form
Download: Microsoft Word (.docx)
Medical Power of Attorney Form
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney Form
Download: Microsoft Word (.docx)
Revocation of Power of Attorney Form
Download: Microsoft Word (.docx)
Real Estate Power of Attorney Form
Download: Microsoft Word (.docx)
Tax Power of Attorney Form
Download: Microsoft Word (.docx)
Vehicle Power Of Attorney Form
Download: Microsoft Word (.docx)
Springing Power of Attorney Form
Download: Microsoft Word (.docx)
Advanced Directive Power of Attorney Form
Download: Microsoft Word (.docx)
Responsibilities and Duties of an Agent
According to Missouri law, an agent in a POA has several duties that they must carry out:
- Firstly, they must always act in the best interest of the principal. They should be using their powers to make decisions that would benefit the principal and should likewise avoid any possible conflicts of interest. The agent should also avoid any actions that could be considered self-dealing since their powers should always benefit the principal.
- The agent should also assume every protection to support any particular estate plan that the principal already had in place. They should do so without making any adaptations to the estate plan.
- Suppose the agent has any noteworthy expertise and was chosen to be the agent because of their skills. In that case, they should utilize their expertise to support the principal in any way they can.
- Finally, an agent should do their best to stay in contact with the principal and always receive and follow their instructions.
Duration of POA Missouri
It can be terminated whenever any of following conditions occur.
- The first case in which the POA can lose its validity is when an established time has ended. If the principal denotes a timeframe for the POA, the form expires when the end date is reached.
- Secondly, the form automatically terminates if the principal revokes it and informs the agent. If the principal files a notice with the Recorder of Deeds within Missouri or in a similar office in the state where they reside, a power of attorney also expires.
- Finally, if the principal passes away, it concludes its use unless the said document specifically mentions any reasonable authority post-mortem.
Frequently Asked Questions
It can only be obtained if the agent and the individual are present during the signing. Therefore, it’s recommended to have a lawyer draft the POA to guarantee that it is legally sound. Additionally, a notary public needs to sign the document in the State of Missouri.
A lawyer is not always required to review it in the State of Missouri. However, depending on the complexity and requirements of the document, it is advisable to have a lawyer review it.
In general, it will cost between $200 and $500, depending on the law firm’s location and the type of document to be drafted.
After creating it, the most crucial step is to give a copy to the agent and present the completed document to your financial institutions or any other relevant institution.
In Missouri, all POAs required notarization. For specific types, two witnesses may also be required for the POA to be considered valid.