Power of Attorney in Missouri

Have you ever wondered who would take care of your finances or make decisions for you if you become unable to do so for yourself? Don’t worry about leaving it up to whoever the law says has this right. Look into securing a power of attorney. This legal document allows you to prepare for any situation where you may need someone else to make decisions for you. With the help of an attorney in Missouri, you can easily set one up and get peace of mind today.

What Is a Power of Attorney?

The American Bar Association defines power of attorney as a document that gives the power to act on your behalf as a legal agent. This authority may either be temporary, or permanent. The result is that your designated agent can manage your affairs without your written approval.

Why Would You Need a Power of Attorney?

One of the reasons why you may pursue a POA is for convenience. For example, you may rather have someone manage your assets without securing your approval each time. Any Missouri POA can circumvent checks and balances, and allow someone to act on your behalf.

Another reason is when you are not able to make legally sound decisions. A POA provides you with security that a person of your choosing can do so for you. This arrangement is common for senior citizens. It also happens with people with severe physical or mental conditions that prevent them from making informed decisions.

Types of Power of Attorney

Not every POA grants the same powers to your agent. You can choose from different POAs to cater to what best suits your situation.

General Power of Attorney

A general POA grants an array of powers to the agent. This can include:

  • The ability to handle your financial matters and accounts
  • Power to manage your insurance needs
  • The ability to operate your business
  • The ability to make business decisions on your behalf
  • Power to hire or fire employees
  • The ability to settle claims against you
  • The ability to change your estate plan.

You may use this type of POA if you will be away for an extended period and need legal representation in Missouri to handle your affairs. This legal arrangement may happen during your absence. Or, it may occur in a situation where you cannot make the decisions on your own due to an illness or injury.

Special Power of Attorney

A special POA is more specific. You have the power to sign off on distinct powers granted to your agent. If you only want someone to sign off on real estate deals, for example, a limited power of attorney would be proper. You may use a special POA when you don’t have the time to deal with specific affairs due to time or health constraints.

Under Missouri statute, certain powers must be specifically stated in the power of attorney for the attorney in fact to perform such acts. Some of these powers include:

  • To execute, amend or revoke any trust agreement
  • Making or revoking a gift of the principal’s property in trust or otherwise
  • To give or withhold consent to an autopsy or post-mortem examination
  • Funding the principal’s assets with any trust not created by the principal

Health Care Power of Attorney

This type of POA grants your agent the right to make all medical decisions on your behalf. It comes in handy when you are not conscious or are otherwise unable to make decisions regarding your health care. While state laws can differ, your POA could have the ability to make serious decisions, like ending life support.

You may use a health care POA if you are elderly or sick. You might find yourself in a situation where you can’t make decisions on your own. Power of attorney can transfer to your child or someone you trust so that care can continue in your best interests.

Durable Power of Attorney

A durable power of attorney enables the agent to control specified functions. DPOAs are useful if you anticipate losing your mental faculties, such as after an Alzheimer’s diagnosis. In essence, it acts as a preventative safeguard.

Under Missouri statute, you must explicitly state your intent to create a durable power of attorney (POA) by including durability language in the POA. Additionally, the POA must be signed by the principal, dated, and acknowledged in the manner prescribed by law for conveyances of real estate.

Choosing an Agent

The person you choose as an agent should be someone you trust. Often, people choose a family member. Your family members usually have your best interests in mind and are close to you. However, you can select any individual to be your POA. Keep in mind that whoever you choose will be in charge of managing your affairs and should be someone you trust to honor your wishes.

Appointing Multiple Agents

In , as the principal, you have the option to appoint multiple agents under a power of attorney. You can decide whether these agents must act jointly or independently. Appointing multiple agents can create a system of checks and balances, preventing one agent from making hasty or unilateral decisions. However, this arrangement may also lead to conflicts or delays if the agents disagree.

To safeguard against unforeseen circumstances, it’s essential to designate a backup agent. A successor agent can step in if the primary agent is unable to fulfill their duties or passes away, ensuring that your interests remain protected.

Revoking a Power of Attorney in Missouri

You have the right to revoke your power of attorney at any time as long as you are of sound mind to do so. You will need to put your revocation in writing and file it with the same place in Missouri that handled your original POA paperwork.

Another party may also try to revoke your POA. Although, that becomes a much more complex legal proceeding and would be difficult to prove in court. The person would have to show the agent has done something to jeopardize your interests.

According to Missouri Legal Aid (MLA), the death of the principal revokes even a durable power of attorney (POA). However, this does not hold for a third person relying on the POA who does not know of the death. Also, the principal may revoke their POA at any time, either orally or in writing. MLA recommends that the revocation be written if possible.

Using a POA to Protect Your Interests

You can insert provisions into your agreement that force your agent to report to an outside party. For example, a family accountant or a designated medical doctor could fill this role. This arrangement adds another layer of security and guarantees that another party can review decisions.

Under Missouri statute, you can appoint more than one attorney in fact in your power of attorney. You can also specify whether the authority conferred must be exercised jointly or severally. In addition, if you designate an attorney in fact that is not qualified to act under a durable power of attorney, they are subject to removal. However, this does not affect the immunities of third persons. Furthermore, it does not relieve the unqualified person of any duties or responsibilities to the principal or the principal’s successors.

Do I Need a Lawyer to File POA in Missouri?

It is wise to consult with an attorney who specializes in Missouri trust or estate issues. POA paperwork can be complex, so having a dedicated Missouri legal professional can be helpful. A lawyer can also help you add provisions that safeguard your interests when you cannot look out for yourself.

Work with an Experienced Local Lawyer in Missouri

If you want to create a power of attorney, you should begin by speaking with an attorney. We can match you with an experienced Missouri who can help you navigate your POA. We can even help you connect with an attorney across Missouri state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.

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