Download Missouri Durable Power of Attorney Form [PDF]

The Missouri durable power of attorney (DPOA) is a legal document used to authorize another person to represent the person issuing the power of attorney before governmental, financial, legal, and other institutions and third parties.

The person issuing the durable power of attorney is called the principal, while the person who represents the principal is called the agent or the attorney-in-fact. The term “durable” means that the power of attorney will remain valid and effective even if the principal becomes legally incapacitated.

The principal can issue a durable power of attorney in any situation where they are not able to personally complete a certain action or make a certain decision due to their mental disability (like dementia or Alzheimer's disease).

Durable Power of Attorney Laws & Requirements in Missouri

Laws & Requirements

Relevant laws: Title XXVI, Sections 404.700–404.735
Signing requirements: The document must be dated, and the signatures of the principal and agent must be acknowledged by the notary public. (§ 404.705(3))
Statutory form: The Missouri Statute doesn’t provide the statutory form for a durable power of attorney.
“Durable” definition: According to 404.703(4),) the quality of being “durable” means that the authority of the attorney 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:
- The law of the place where executed;
- The law of the place of residence of the principal when executed; or
- The law of a place designated in the written power of attorney applies if that place has a reasonable relationship to the purpose of the instrument.

How to Fill out a Durable Power of Attorney in Missouri

#1. Designate an Agent

Firstly, insert the full names and mailing addresses of the principal and the agent.

When choosing an agent, you should look for someone who is of legal age and who has the legal capacity to represent you. Moreover, you should look for a trustworthy person, especially if you are authorizing them to make decisions regarding your finances or your health care.

Finally, the person should be willing to represent you and protect your interests.

In this section, you can also name the successor agent. The successor agent will represent you in case the primary agent becomes legally incapacitated or is otherwise unable to act.

#2. Grant Authority

Once you have named the agent, you should define their scope of authority.

The Missouri durable power of attorney form provides three main ways to determine the scope of authority for your agent:

Scope of Authority

General authority. With this option, you can authorize your agent to take all the necessary actions and interact with all third parties on your behalf.
Partial authority. Here, you can select the activities you want to include in your agent’s scope of authority by selecting them from the list of activities provided in the durable power of attorney form.
Special authority. This option gives you the most flexibility since you can define the scope of authority in your own words. This enables you to include activities that are not provided in the durable power of attorney form.

#3. Ensure the Form is Durable

In Missouri, the power of attorney is not durable by default, meaning that you will have to include specific language to indicate its durability.

#4. Sign the Form

In Missouri, both the principal and the agent must sign the durable power of attorney.

#5. Notarize the Form

The notary public will acknowledge the signatures of the principal and the agent and confirm the overall authenticity of the document.

#6. Store Your Durable Power of Attorney Form

After finalizing the document, you should keep it in your possession and store it in a safe place. You can give one copy to the agent so they can prove their capacity to any third party.

How to Revoke a Durable Power of Attorney in Missouri

The best way to revoke the Missouri durable power of attorney is to issue a revocation letter. This document should include the name of the agent and the date of issuance of the power of attorney you wish to revoke.

For the revocation to become effective, you should send one copy to the agent and to every third party they are interacting with on your behalf.