A Missouri durable power of attorney form is a legal document that authorizes an individual (the “agent”) to make financial decisions and take actions on behalf of another person (the “principal”) within the state of Missouri.
Once the form is signed in the presence of a notary public, the designated individual entrusted with managing the financial affairs gains the authority to conduct banking, real estate, and other business transactions on behalf of the principal.
Unlike a standard non-durable power of attorney, the durable power of attorney (DPOA) remains effective even if the principal becomes incapacitated and cannot make their own choices.
Laws
In Missouri, power of attorney forms are not durable by default. They can be made durable by including durability language similar to the following:
“THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE IF I BECOME DISABLED OR INCAPACITATED OR IN THE EVENT OF LATER UNCERTAINTY AS TO WHETHER I AM DEAD OR ALIVE”
- Statute: §§ 404.700 — 404.737
- Presumed Durable: No. § 404.705(1) and (2)
- Signing Requirements: A signature by the principal and the date of signing are required. § 404.705(3)
- Notarization: A durable power of attorney must be notarized in Missouri. § 404.705(3)
- Statutory Form: No.
