Free Missouri Durable Power of Attorney Forms
A Durable Power of Attorney (DPOA) in Missouri allows an individual, termed the “principal,” to give permission to another person, known as the “agent” or “attorney-in-fact,” to make decisions for certain legal matters.
The agent acts on your behalf in these situations.
Unlike a healthcare power of attorney, which focuses on healthcare judgments, a DPOA in Missouri primarily deals with your financial and personal decisions.
Most importantly, a DPOA remains effective even if you become mentally incompetent.
Missouri Durable Power of Attorney Laws
Missouri law provides specific guidelines and definitions for a Durable Power of Attorney. It's essential to be aware of these laws to ensure your DPOA is legally binding.
- Durable Definition: In Missouri, a Durable Power of Attorney is defined as: “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” (§404.703).
Signing Requirements in Missouri
For a Durable Power of Attorney to be considered legally valid in Missouri, you will have to follow the requirements of the state.
- Signing requirements: A Durable Power of Attorney in Missouri must be signed in front of a notary public (§ 404.705(3)).
With the notary’s signature, your document will be put into effect.
How To Write a Durable POA in Missouri
Drafting a legally compliant and detailed Durable Power of Attorney in Missouri is critical to guarantee that a trusted individual can act according to your wishes.
The terms of your DPOA should be listed and clear. To help you write your letter, you can follow the step-by-step guide below.
1. Choose your agent
Begin by selecting a trustworthy individual as your agent. This could be a family member, a trusted friend, or a professional advisor.
Make sure they can make sound judgments when it comes to your finances. You should also consider naming an alternate agent in case your primary choice is unable to fulfill their duties.
2. Discuss the scope of powers
Before beginning to add information to your DPOA or finalizing the document, have a full conversation with the person you want to act as your agent.
Outline all the powers you would like to grant them. These powers could range from handling simple transactions to making significant decisions on your behalf. Make certain they fully understand their responsibilities and are willing to go through with them.
3. Talk about any compensation
In some cases, agents are not paid at all, and many receive some sort of payment for their troubles. In either case, your agent should know exactly what they will receive for their services.
If you do pay your agent, go over how they will be paid. Whether it's a fixed fee, an hourly rate, or expense reimbursement, clarity upfront can prevent future misunderstandings.
4. Use a Missouri Durable POA template
To lower the risk of including any mistakes that can lead to confusion between you and your agent, using a printable DPOA template is recommended.
By taking advantage of our template, you can ensure that your document is in line with Missouri laws. This way, you can customize your legal document to fit your specific needs.
5. Include all the necessary details
Fill in the essential sections of your DPOA in your template, including:
- The effective date of the DPOA
- Agent's duties
- Information regarding any compensation
- Duration of the document
You can mention specific details about whether the DPOA will still be in use or not if you become incapacitated.
6. Sign the document
After ensuring all details are correctly filled in, sign the DPOA following Missouri state requirements.
As mentioned, you must sign the document in the presence of a notary public. **This step legally validates your document **and the agent’s powers that are listed.