A Missouri Power of Attorney 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. Power of attorney forms can also vary in duration and authority but are only effective while the principal is alive.
There are many reasons to draft a Missouri power of attorney. 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 power of attorneys 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 the power of attorney to be legally binding. The requirements for the form may be found in Section 404.705.
Missouri law requires all power of attorneys 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 the Missouri power of attorney is governed by 404.800, et seq. Durable Power of Attorney 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 power of attorneys must be signed, dated, and include a provision that states how the form will be durable throughout incapacitation.
The laws also dictate that the power of attorneys 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
A Missouri power of attorney 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 power of attorney forms.
Durable (Statutory) Power of Attorney
Missouri has a durable power of attorney, meaning that the agent can take actions on behalf of the principal, even in cases of incapacitation. This type of power of attorney is a legal document signed before any events that could cause the principal to lose their ability to make decisions.
In Missouri, durable means that the power is not ended if the principal becomes disabled. This is a beneficial document because it allows an agent to take over financial decisions immediately, thereby avoiding conservatorship proceedings.
The Missouri durable power of attorney can be revoked, making it more convenient than a conservatorship. As the agent must act in good faith, the individual can rest easy knowing that their finances are being taken care of.
Missouri also recognizes the durable power of attorneys when they qualify as such in the law of another state where a power of attorney was drafted and signed.
Download: Microsoft Word (.docx)
General (financial) power of attorney
A Missouri general power of attorney, also known to be the financial power of attorney, gives an agent the power to make financial decisions for the principal. This power differs from the durable powers of attorney in that it is automatically invalidated if the principal becomes incapacitated. The rules for a general power of attorney are outlined in Chapter 404 Transfers to Minors — Personal Custodian and Durable Power of Attorney.
This means the agent has limited access to the principal’s bank accounts and finances. These power of attorneys generally indicate a beginning and an end date.
Like many power of attorney documents, it also requires a public notary public to sign the document, according to VAMS 404.705.
Download: Microsoft Word (.docx)
Limited Power of Attorney
A limited power of attorney, which is a particular legal document, allows an agent the power to act on behalf of a person. However, the Missouri limited power of attorney does not allow the agent to exercise as many other documents. The agent is limited to take only specific, mentioned actions. The limited power of attorney laws can be found in Chapter 404 Transfers to Minors — Personal Custodian and Durable Power of Attorney.
This document is more restricted. However, it is advised to be written with exact language to avoid misinterpretation. For example, this power of attorney can be granted to a real estate agent to sell the property. Therefore, the document should detail all particulars concerning the sale in such a case.
As with most legal documents, this particular power of attorney requires a notary public to sign it (VAMS 404.705.).
Download: Microsoft Word (.docx)
Medical Power of Attorney
A durable medical authority of attorney is a form that grants an agent the right to follow your wishes regarding your healthcare. This power of attorney is most important when the principal holders are incapable or unable to make their own healthcare decisions. The statutes regarding these types of power of attorneys are § 404.800 to § 404.872 (Durable Power of Attorney – Health Care Act).
There are many options for modifications that can be included in a Missouri medical power of attorney. When drafting a power of attorney, it is essential to consider the specific powers granted to the agent if the principal becomes incapacitated. This helps keep the principal with peace of mind, knowing that their decisions will be upheld.
A durable power of attorney continues to be in force until the principal becomes incapacitated. After that, however, it expires upon death or an explicit expiration.
Like the other power of attorneys, it is mandatory to have a notary publicly present at the signing. In addition, Missouri law requires two witnesses to attest to any pertinent healthcare declarations, as noted by § 404.705.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
A Missouri minor POA is also known as a parental POA. These documents allow an agent to make childcare decisions on behalf of the principal if they cannot do so. Most often, a power of attorney granted is to a relative but may also be to a close friend. § 475.604 contains information about the minor power of attorneys.
This form has additional limitations in terms of time. It is valid for up to one year. The law provides that the agent is empowered to make decisions relevant to childcare.
This document, which is much simpler than the other POAs, should list both the guardian and children to be looked after. The document must be signed by an authorized person just as the others.
Download: Microsoft Word (.docx)
Revocation Power of Attorney
The revocation can be used to cancel any previously written power of attorneys. The principal can revoke any power of attorney as long as they are of sound mind. They also regain complete control over their finances and their medical decisions.
The revocation form must inform all parties that the original power has been terminated. This includes all parties involved in the document’s powers, including the agent. The document must also be notarized and signed to ensure a smooth proceeding.
Download: Microsoft Word (.docx)
Real estate power of attorney
A Missouri real estate power of attorney is a valuable document that grants an agent the right to manage any realty proceedings on behalf of the principal. This can be the sale or purchase of property, but only qualified agents are allowed to do so. The details regarding a real estate power of attorney can be found in Chapter 442: Titles and Conveyance of Real Estate.
To validate this power of attorney, it is necessary to include special instructions that describe the powers that the agent can exercise. In addition, include information about the property and details relevant to it, for example, the address at which the real estate was sold.
It is necessary to notarize the power of attorney when the individual signs it. The signing requirements can be found at VAMS 442.360; VAMS 442.150
Download: Microsoft Word (.docx)
Tax power of attorney (Form 2827)
The tax power of attorney is a specialized financial POA allowing an agent to take over all tax filing responsibilities within the state of Missouri. This is especially useful for the principals with more complicated tax situations, as a professional tax filer can take over the proceedings.
The agent can file taxes, receive information about taxes, and speak on behalf of the principal. A professional qualified in tax law or accounting is required to do this. The document should clearly state the authority granted. It should state whether the agent is authorized to receive or divulge tax information. The Missouri tax power of attorney can also be customized to meet each individual’s needs.
Download: Microsoft Word (.docx)
Vehicle Power Of Attorney (Form 4054)
The vehicle power form is a simple way to designate an agent for handling any paperwork concerning a vehicle. This includes the transfer or registration of titles and fees and any liens attached to the vehicle.
For the vehicle power of attorney to become legally binding in Missouri, it should be signed before a notary public.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A springing power of attorney is a unique form because the effects are not immediately granted after signing. Instead, the document’s powers will only be transferred to the agent if a predetermined event occurs. In most cases, the pre-established events are usually medically-induced impairment.
This means that a power of attorney may be applied to any one of the POAs previously mentioned. The form’s springing nature is particularly useful in transferring significant powers to trusted individuals in the case of unfortunate events.
Download: Microsoft Word (.docx)
Advanced Directive Power of Attorney
Advance directive is a type of power of attorney that can be used to ensure the principal’s wishes are protected in a severe medical emergency. If they cannot speak for themselves or make conscious decisions, this legal document will explain how they want to be treated SS 25.5-4-413.
This document will be used to cover medical procedures. An agent will have the authority to sign off specific decisions. An example of this can be that if a principal with a chronic disease stops breathing, they may decide to refuse resuscitation. This information would appear in Section 10 of Cardiopulmonary Resuscitation.
An agent can authorize or deny medical measures to manage pain and obtain medical records. These advance directives can easily be customized to fit each person’s situation and preferences.
You must include the name and contact information and the substitute agents. It must be notarized when signed, as it’s a legal document. 2 witnesses may also sign it, SSSS15-18-106(1).
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
A Missouri power of attorney can terminate 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 a power of attorney 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, a power of attorney concludes its use unless the said document specifically mentions any reasonable authority post-mortem.
Frequently Asked Questions
Missouri power of attorney 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 a power of attorney 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, a power of attorney will cost between $200 and $500, depending on the law firm’s location and the type of document to be drafted.
After creating a Missouri power of attorney, 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 power of attorneys required notarization. For specific types of power of attorneys, two witnesses may also be required for the POA to be considered valid.
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