Durable Power of Attorney Form | Missouri

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Updated on May 9th, 2023

A Missouri durable power of attorney form is used to allow a representative (known as the ‘”attorney-in-fact”) to act on behalf of another individual (the principal) in financial matters, such as running their business, signing legal documents, paying bills, filing taxes, and managing assets. Usually, a spouse, relative, or close friend is chosen to be the principal’s attorney-in-fact.

In Missouri, the agreement becomes void upon divorce if a spouse is chosen. A secondary agent should be named to ensure that the principal’s interests will be represented in the event of their incapacitation.

Laws

  • “Durable” Definition (§ 404.703(4)) – “Durable power of attorney”, 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 subsection 1 of section 404.705 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.
  • Statute§ 404.705 (Transfers to Minors — Personal Custodian and Durable Power of Attorney)
  • Signing Requirements (§ 404.705(3)) – Must be notarized.