Missouri Power of Attorney Form Create a Missouri Power of Attorney Form

Missouri Power of Attorney Form

Published Dec 15, 2025
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A Missouri Power of Attorney Form is a legal instrument designating an agent to manage financial or medical affairs for a principal under state statutes.

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Poa Type

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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MISSOURI POWER OF ATTORNEY FORM

I. APPOINTMENT OF AGENT

This Power of Attorney is made on , by and between:

The Principal:
Name:
Address:
City: State: Missouri Zip Code:

The Agent (Attorney-in-Fact):
Name:
Address:
City: State: Zip Code:

I, the Principal, hereby appoint the Agent to act as my true and lawful attorney-in-fact to manage my financial and legal affairs.

II. DURABILITY PROVISION

Pursuant to the Missouri Durable Power of Attorney Law of 1989 (Mo. Rev. Stat. §§ 404.700 et seq.), I intend for this Power of Attorney to be durable.

THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE IF I BECOME DISABLED OR INCAPACITATED.

III. EFFECTIVE DATE

This Power of Attorney shall become effective (check one):

IV. GRANT OF POWERS

I grant my Agent the full power and authority to act on my behalf with the same force and effect as if I were personally present. This authority includes, but is not limited to, the following powers:

  1. Real Property: To buy, sell, lease, rent, exchange, mortgage, encumber, release, and manage any interest in real estate; to execute deeds and other instruments of conveyance.
  2. Personal Property: To buy, sell, exchange, and manage personal property of any kind, including motor vehicles, boats, and household goods.
  3. Banking and Financial Transactions: To open, close, and manage bank accounts; to sign checks, drafts, and withdrawal slips; to access safe deposit boxes; to borrow money and execute promissory notes.
  4. Stocks and Bonds: To buy, sell, exchange, and manage stocks, bonds, mutual funds, and other securities; to vote in person or by proxy.
  5. Business Operations: To manage, operate, sell, or liquidate any business interest I may have; to attend meetings and execute documents on behalf of the business.
  6. Insurance and Annuities: To purchase, maintain, surrender, borrow against, or make claims on insurance policies and annuities.
  7. Claims and Litigation: To institute, prosecute, defend, abandon, compromise, arbitrate, settle, and dispose of any claim in favor of or against me.
  8. Taxes: To prepare, sign, and file federal, state, and local tax returns; to represent me before tax authorities; to pay any taxes due.
  9. Government Benefits: To apply for and receive benefits from Social Security, Medicare, Medicaid, or other government programs.
  10. Retirement Plans: To manage retirement accounts, including IRAs and 401(k)s; to make investment decisions and request distributions.

V. LIMITATIONS AND SPECIAL INSTRUCTIONS

The powers granted above are subject to the following special instructions or limitations:

VI. SUCCESSOR AGENT

VII. AGENT'S COMPENSATION AND REIMBURSEMENT

My Agent is entitled to (check one):

VIII. THIRD PARTY RELIANCE

Any third party who receives a copy of this document may rely on it. Revocation of this Power of Attorney is not effective as to a third party until the third party has actual knowledge of the revocation. Pursuant to Mo. Rev. Stat. § 404.719, third parties who act in good faith reliance on this Power of Attorney shall be immune from liability.

IX. GOVERNING LAW

This Power of Attorney shall be governed by and construed in accordance with the laws of the State of Missouri, specifically the Durable Power of Attorney Law of 1989.

X. REVOCATION

I hereby revoke any and all prior Powers of Attorney for financial matters executed by me. I retain the right to revoke this Power of Attorney at any time, provided I am competent to do so.

XI. SIGNATURES

PRINCIPAL

Signature: _________________________
Print Name: _______________
Date:
Address: _______________

WITNESSES

Although not strictly required by Missouri law for a financial Power of Attorney unless recording real estate instruments, the Principal has requested two witnesses to verify their signature and capacity.

Witness 1:
Signature: _________________________
Print Name:
Date:
Address:

XIII. ACCEPTANCE BY AGENT

I, the undersigned Agent, acknowledge and execute this Power of Attorney, and I understand the duties and responsibilities associated with being an Attorney-in-Fact under Missouri law.

AGENT

Signature: _________________________
Print Name: _______________
Date:
Address: _______________

What is a Missouri Power of Attorney Form?

A Missouri Power of Attorney Form is a legal instrument that authorizes an individual, referred to as the principal, to designate another person, known as the agent or attorney-in-fact, to act on their behalf in legal, financial, or medical matters. This document defines the scope of authority granted to the agent, ranging from specific, limited transactions to broad management of the principal's entire estate. Residents of Missouri utilize this form to ensure their affairs remain managed according to their wishes in the event of absence, illness, or incapacitation, operating under the guidelines of the Missouri Durable Power of Attorney Law.

Types of Missouri Power of Attorney Form

  • General Power of Attorney - Grants the agent broad authority to manage the principal's financial and legal affairs, typically ending if the principal becomes incapacitated.
  • Durable Power of Attorney - Maintains the agent's authority even if the principal becomes mentally incompetent or incapacitated, ensuring continuous management of affairs.
  • Limited Power of Attorney - Restricts the agent's authority to specific actions or a set time period, such as signing real estate documents for a single transaction.
  • Medical Power of Attorney - Designates an agent to make health care decisions for the principal when they are unable to communicate their own wishes regarding treatment.
  • Minor Child Power of Attorney - Allows a parent or guardian to temporarily delegate parental rights regarding a child's education and health care to another adult for up to one year.
  • Tax Power of Attorney (Form 2827) - Authorizes a representative to handle tax matters and communicate with the Missouri Department of Revenue on behalf of the taxpayer.

Missouri Statutes and Legal Authority

The creation, validity, and execution of power of attorney documents in Missouri are governed by specific chapters within the state's revised statutes. These laws dictate the following regulations:

  • Mo. Rev. Stat. §§ 404.700 to 404.735 - Constitutes the "Durable Power of Attorney Law of Missouri," establishing the framework for creating durable and non-durable financial powers of attorney.
  • Mo. Rev. Stat. §§ 404.800 to 404.865 - Known as the "Durable Power of Attorney for Health Care Act," this section outlines the requirements for designating a health care surrogate.
  • Mo. Rev. Stat. § 404.705 - Mandates that the principal must be a competent adult to create a valid power of attorney and defines the capacity required.
  • Mo. Rev. Stat. § 404.717 - Clarifies that the dissolution of marriage automatically terminates the authority of a former spouse designated as an agent, unless the document explicitly states otherwise.
  • HIPAA (45 CFR § 164.508) - Federal regulation requiring specific authorization for an agent to access the principal's protected health information.

Requirements for Validity in Missouri

To ensure a Missouri Power of Attorney Form holds legal weight and is accepted by third parties, specific criteria must be met during its execution:

  • Mental Capacity - The principal must understand the nature and consequences of designating an agent at the time of signing.
  • Written Format - The document must be in writing to be enforceable under state law.
  • Notarization - Missouri law requires the principal's signature to be acknowledged by a notary public for the document to be durable or to grant authority over real estate.
  • Witnesses - While not always mandatory for financial powers, health care directives generally require witnesses who are not related to the principal or named as agents.
  • Specific Language - The document must contain language indicating the principal's intent to create a durable power if the authority is to survive incapacity.

Agent Duties and Fiduciary Standards

An agent appointed under a Missouri Power of Attorney Form assumes a fiduciary role, meaning they are legally obligated to act with the highest degree of good faith. The law imposes strict standards on the agent's conduct to protect the principal from exploitation. Agents must avoid conflicts of interest and keep their assets separate from those of the principal. Accurate record-keeping is mandatory, as the agent may be required to provide an accounting of all transactions made on the principal's behalf. Failure to adhere to these duties can result in civil liability and the revocation of authority.

Revocation of Authority

A principal retains the right to revoke a power of attorney at any time, provided they maintain the mental capacity to do so. Revocation effectively terminates the agent's authority to act. Missouri law recognizes several methods for revocation:

  • Written Revocation - The principal executes a formal document stating that the previous power of attorney is void.
  • New Power of Attorney - Creating a new document that explicitly revokes all prior inconsistent powers of attorney.
  • Destruction of Document - Physically destroying the original document with the intent to revoke it.
  • Recording Requirements - If the original power of attorney was recorded with the Recorder of Deeds, the revocation instrument must also be recorded in the same office to be effective against third parties.

How to Execute a Missouri Power of Attorney Form

Step 1: Select the Agent - Choose a trustworthy individual, typically a spouse, close relative, or professional, to manage affairs.

Step 2: Determine Scope of Powers - Decide whether the agent will have general authority over all matters or limited authority for specific tasks.

Step 3: Draft the Document - Use a template compliant with Missouri statutes, ensuring all necessary statutory language regarding durability is included.

Step 4: Sign Before a Notary - The principal must sign the document in the presence of a notary public to ensure validity and durability.

Step 5: Distribute Copies - Provide copies of the executed form to the agent, financial institutions, and medical providers as relevant.

Frequently Asked Questions

Recording is generally not required for the document to be valid between the principal and agent. Recording with the county Recorder of Deeds becomes necessary if the agent will handle real estate transactions or if the principal wants to provide public notice of the agent's authority.
No, an agent acting under a power of attorney generally cannot create, amend, or revoke the principal's last will and testament. The authority granted is limited to managing the principal's assets and affairs during their lifetime.
All authority granted under a Missouri Power of Attorney Form ceases immediately upon the death of the principal. At that point, the executor or personal representative named in the will or appointed by the probate court takes over the management of the estate.
Generic forms may be valid if they meet all Missouri-specific statutory requirements, particularly regarding durability language and notarization. Forms that do not adhere to the Missouri Durable Power of Attorney Law may be rejected by banks or other institutions.
Yes, a principal can appoint co-agents to act either jointly or independently. Appointing agents to act jointly requires them to agree on decisions, while independent authority allows either agent to act alone.
Under Missouri law, if a spouse is named as the agent, the filing of an action for dissolution of marriage or legal separation automatically suspends their authority. The final judgment of divorce permanently revokes the ex-spouse's appointment unless the power of attorney document specifically states otherwise.

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