Types

Durable (Financial) Power of Attorney – The fundamental characteristic of this type of POA is that the conditions will remain unchanged in such a case that the principal is legally deemed to be incapacitated.

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Durable Power of Attorney for Health Care – In the state of Missouri, the principal of a Power of Attorney for Health Care is legally referred to as a patient. In order for the patient to designate decision making powers over their healthcare to another party, this form must be filed before their incapacitation or death.

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General (Financial) Power of Attorney – This type of POA concerning the principal’s finances will cease to be valid if they become incapacitated or die.

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Limited (Special) Power of Attorney – A limited type of POA will only last for the length of time and the conditions in which the principal sets it to last.

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Minor Child Power of Attorney – A parent or guardian can delegate their responsibilities regarding their children to another party, such as a trusted friend or family member, using a Minor Child Power of Attorney form.

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Motor Vehicle Power of Attorney (Form 4054) – If a principal wishes to assign another party to take charge of such tasks as registering or selling their motor vehicle, a Motor Vehicle Power of Attorney will serve such needs.

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Real Estate (Property) Power of Attorney – The powers bestowed upon an agent through this contract may be as specific as attending to the individual’s rental property on a one-off basis, or as broad as managing their property on a continuous basis.

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Revocation of Power of Attorney – The decision to revoke a power of attorney is one that must fall in the hands of the principal. If they wish to proceed, they should file this document to inform all relevant parties of this decision.

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State Tax Power of Attorney (Form 2827)  – Preparing taxes can take time and expertise, especially if the taxpayer’s circumstances are complex. An option available to all taxpayers is to designate an agent to handle their tax affairs in their stead.

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What is a Missouri Power of Attorney?

A Missouri Power of Attorney is a contract that allows an individual to elect another individual or an entity to transact one or several affairs in their stead. Anyone who is considering drafting a POA in the state of Missouri should be aware that state law refers to the parties of these contracts in a dissimilar way to most other states. That is, unlike most other states, Missouri state law refers to the party who will assist the Principal as the “Attorney in Fact”. Furthermore, in a Medical Power of Attorney, the individual who brings about the POA is referred to as the “Patient” (however, for non-medical POA forms, this individual is referred to using the usual term, the “Principal”).

• Missouri Power of Attorney Laws – Title XXVI, Chapter 404 (§ 404.700 to § 404.737), “Durable Power of Attorney” and Title XXVI, Chapter 404 (§ 404.800 to § 404.872) “Durable Power of Attorney for Health Care Act”
• State Definition of a Durable Power of Attorney (§ 404.703(4)) – “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.”
• Signing Requirements
  • General / Durable Power of Attorney (Art. 2993 & ) – No specific signing requirements are provided by state law. Although not mandated by law, it is in the best interests of all parties that a POA is signed by the Principal before a Notary Public and two (2) witnesses.
  • Durable Power of Attorney for Health Care (§ 404.825) – No specific signing requirements are stated. Nevertheless, for the terms of the agreement to commence, it is necessary for two (2) licensed physicians to examine and subsequently certify the Principal’s state of incapacity. That is, “Unless the patient expressly authorizes otherwise in the power of attorney.”

When is it Effective?

State law does not detail any signing requirements regarding the necessity of a Notary Public or witnesses. Despite the lack of mandated requirements in this regard, the Principal should consider arranging for a Notary Public to be present, or alternatively, two (2) witnesses.

For a Durable POA to be put into effect, the Principal must ensure that one of the provisions detailed by § 404.705 is stated in the document in a substantial manner.

For a Durable POA for conveyances of real estate to be put into effect, § 404.705 states that it must be “subscribed by the principal, and dated and acknowledged in the manner prescribed by law for conveyances of real estate.”

While no signing requirements are specified for a Durable POA for Health Care to commence, state law does specify one other requirement that must be fulfilled for it to commence. Namely, § 404.825 states that unless the Patient (the Principal) “expressly authorizes otherwise in the power of attorney”, two (2) licensed physicians must certify, based on an examination of the Patient, that the Patient is “incapacitated and will continue to be incapacitated for the period of time during which treatment decisions will be required and the powers and duties shall cease upon certification that the patient is no longer incapacitated.”

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