A Missouri power of attorney revocation form is essential for anyone wishing to withdraw the authority previously granted through a power of attorney (POA). It’s crucial to revoke the powers in writing and ensure the attorney-in-fact is notified of the POA’s termination.
This form should be completed with details of the prior arrangement and signed. Upon revocation, inform the agent and any entities that may have relied on the POA.
Legal Considerations
Statute – § 404.717(1)(2)
Signing Requirements – Two witnesses or notary public (recommended).
Agent Liability – § 404.717(5) – “If the attorney-in-fact or successor attorney-in-fact intentionally acts after receiving actual notice that the power of attorney has been revoked or terminated, and thereby causes damage or loss to the principal or to the principal’s successors in interest, such attorney-in-fact or successor attorney-in-fact shall be liable to the principal or to the principal’s successors in interest, or both, for such damages, together with reasonable attorney’s fees, and punitive damages as allowed by law.”
Revocation and Termination
As per § 404.717, a power of attorney is revoked or terminated under several circumstances:
- Revocation by the Principal: The principal may revoke at any time when competent to do so, typically by a written document declaring the revocation and properly notifying the agent and any institutions relying on the document.
- Death of the Principal: The POA automatically terminates upon the principal’s death.
- Incapacity of the Agent: If the agent becomes unable or unwilling to serve, and no successor agent is named, the document terminates.
- Expiration: If it specifies an expiration date, it terminates on that date unless renewed.
Fees
Notary: Notarization is recommended, with Fees ranging from $5 to $10 per signature.
Recording: File the revocation at the same office where the original was recorded. Recording fees vary by county but are usually between $20 and $50.
Resources
- Missouri Bar Association: Provides resources and info on powers of attorney and estate planning.
- Legal Services of Missouri: Offers legal aid and pro bono services for drafting and understanding POA documents.
Related Forms
