What Is a Missouri Power of Attorney?
A Missouri power of attorney is an agreement between the principal and the attorney-in-fact. The principal creates the document, and the attorney-in-fact acts on their behalf. Many people use a power of attorney form for medical, financial, and legal purposes. This arrangement protects the principal’s wishes if they cannot act independently. To create a valid POA, the principal must be at least 18 and have the mental capacity to understand the agreement.
Use our free Missouri power of attorney template to create a contract that works for you and your agent. Add your desired terms with our customizable forms.
Types of Powers of Attorney In Missouri
Missouri recognizes many types of powers of attorney, so you can find a form that fits your needs. Using a specific type allows you to define particular limits and authority for your agent. Consider each power of attorney form and choose the one that works for you..
Durable vs. Non-Durable
A durable power of attorney enables the agent to act even after the principal becomes incapacitated, typically lasting until the principal’s death. A non-durable arrangement terminates the agent’s authority at the time of incapacitation. Under MO Rev Stat § 404.705, POAs are not durable by default. Your POA must include language explicitly stating a durable contract. If your original agreement does not specify its durability, it will be assumed non-durable.
Financial
A financial power of attorney gives your agent control over your monetary assets and property. With this form, you can select the specific financial powers you want your agent to have. Typically, a Missouri financial POA includes the option to provide access to the following items:
- Real property
- Personal property
- Stocks and bonds
- Bank accounts
- Insurance benefits
- Tax filing
Medical
In Missouri, a healthcare power of attorney enables your chosen agent to handle your medical decisions when you cannot. Use a healthcare POA to authorize your agent for the following actions:
- Accessing medical records
- Authorizing pain and medical treatments
- Hiring and firing caretakers
- Consenting to surgeries or medications
Under MO Rev Stat § 194.290, your power of attorney for health care can also operate as an advance directive if it includes information about your treatment preferences. Other documentation, such as a living will, helps communicate your desired end-of-life care to the attorney-in-fact.
Durable (Financial)
Authorize an agent to manage your affairs even if you lose the capacity to manage them yourself.
Signing Requirements: Notary public (§ 404.705(3)).
Medical
Specify the kind of medical care you wish to receive should you lose the capacity to make decisions at a later date.
Signing Requirements: Two witnesses (§ 50-9-103).
Limited (Special)
Give limited powers to an agent for certain tasks, and typically ends when the agent has completed those tasks.
Signing Requirements: Notary public.
Non-Durable (General)
Gives an agent broad powers to handle your affairs.
Signing Requirements: Notary public.
Springing
“Springs” into effect in a certain situation, and ends at a time you specify.
Signing Requirements: Notary public.
Vehicle (Form 4054)
Allowed a trusted third party to execute vehicle-related transactions.
Signing Requirements: Notary public.
Minor (Child)
Give a third party (agent or guardian) the authority to assume parental responsibility for a minor child for a limited time.
Signing Requirements: Notary public.
Tax (Form 2827)
Grant power to a tax professional or qualified agent to handle tax matters on behalf of a taxpayer before the Missouri Department of Revenue.
Signing Requirements: Taxpayer and representative(s).
Real Estate
Appoint an agent to manage real property transactions like selling, purchasing, and leasing.
Signing Requirements: Notary public.
Revocation
Use to revoke a previous power of attorney agreement, allowing the principal to end the agent’s authority.
Signing Requirements: Notary public or two witnesses (recommended).
How to Write a Power of Attorney For Missouri
Drafting your power of attorney form requires gathering and including the necessary information. Having a well-written document ensures enforceability and legal validity. Write an effective Missouri power of attorney with the following steps:
- Name the parties involved: Name the principal and agent, and list their full legal names and contact information.
- Grant general authority: Select and list the general authorities you want to provide to your agent. Per MO Rev Stat § 404.714, these general powers can include access to bank accounts, medical records, personal property, and investment accounts.
- Provide specific powers: Add any particular powers or instructions beyond the general authorities. Powers over gifts, beneficiaries, or trusts often require an explicit statement of authority.
- Set the type and effective date: State whether you want your POA to operate as a durable or non-durable contract. Note that a healthcare POA will generally be a durable document that is effective upon your incapacitation. Also include the effective date or designate it as effective upon signing.
- Finalize and sign: Once satisfied with the arrangement, sign and date the document. Also, check and complete any necessary notarization or witness acknowledgements.
Missouri Power of Attorney Legal Requirements & Considerations
A Missouri power of attorney has a few legal requirements. Consider the necessary notarization, documentation, and revocation processes to make a valid agreement. Read through the following elements to understand the POA process.
Notarization
Have the POA signed and dated by the principal and then notarized. Per MO Rev Stat § 404.705(3), your POA must be acknowledged by a notary public to be presumed genuine. The different types of powers of attorney may have additional witness requirements. Check for specific signing requirements to ensure validity.
Filing
In Missouri, filing a power of attorney is generally not required unless it involves real estate transactions. For real estate, the POA must be signed before a notary public and filed with the recorder of deeds in the relevant county at or before the time of the conveyance. In addition, filing a copy with any relevant medical or financial institutions provides additional verification and enforceability.
Revocation
If the terms of the agreement no longer serve the parties involved, a power of attorney can be revoked. Under MO Rev Stat § 404.717, this revocation may happen at any of the following occurrences:
- Expiration date: If the original terms of the agreement include a set expiration date, the agent’s powers will end on that day.
- Principal revocation: If the principal no longer wants the agent to act for them, they can write a revocation of powers of attorney form. Once this form is delivered to the agent, their powers end.
- Principal death or incapacitation: In a non-durable POA, the principal’s incapacitation triggers the revocation of powers. For a durable agreement, the agent maintains powers until the principal’s death. POAs in Missouri are non-durable by default.
- Divorce filing: If the named agent is the principal’s spouse, their powers will automatically end if a divorce or legal separation is filed unless the document specifically provides otherwise.
