Free Missouri Power of Attorney (POA) Form

Create a Missouri Power of Attorney (POA) form now to appoint a trusted individual to manage your estate, act for you professionally, or make medical decisions on your behalf.

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Last Update November 27th, 2023

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Table of Contents:

Types of Power of Attorney in Missouri
How to Get a Power of Attorney in Missouri
Missouri Power of Attorney Requirements
Missouri Power of Attorney Sample
FAQs About Missouri Power of Attorney Forms

Types of Power of Attorney in Missouri

There’s more than one type of Power of Attorney in Missouri and selecting the correct variant can be critical. Each kind offers different types of powers to an Attorney-in-Fact (also known as an Agent). Therefore, you must create the right class of document, in order for your POA to work as intended.

The most common variants available in Missouri include the following examples:

Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.

Limited: A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
DMV: A DMV POA is a kind of Vehicle Power of Attorney that gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
Springing: A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.
Minor Child Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Missouri’s tax office.

How to Get a Power of Attorney in Missouri

A Missouri Power of Attorney can be filled in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.

Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.

Also, some pre-prepared forms for Vehicle SPOAs can be obtained directly from a Missouri Department of Revenue site. However, it is recommended to seek the help of an attorney in order to fill the document properly.

Missouri Power of Attorney Requirements

In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your Missouri Power of Attorney document before successfully putting it into action.

To do this you will need to meet the following criteria:

Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
A notary public must also be present at the signing to notarize the document.
In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located 30 days after signing.

In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:

Be over 18 years of age.
Be mentally competent enough to enter into a contractual agreement.
Understand the powers that are being granted.

Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Missouri. They should also be someone that the Principal has full confidence in.

Missouri Power of Attorney Sample

Before starting your own MO Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. Simply view our POA sample now to get a feel for how these documents are written and appear once completed.

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FAQs About Missouri Power of Attorney Forms

It is important to have a good understanding of what MO Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

What Are Some Uses of a Power of Attorney?

A Missouri Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and purpose.

These responsibilities include:

Managing your financial affairs
Making medical decisions for you if you are incapacitated
Handling activities for you such as buying or selling property

What is the Difference Between a General and a Durable Power of Attorney?

The big difference between a General Power of Attorney and a Durable Power of Attorney is when the powers can and cannot be used. When you create your MO Power of Attorney as a General POA, its powers can only be used by the agent until they are withdrawn or the Principal becomes incapacitated.

Durable POAs on the other hand can continue to be used after the Principal is incapacitated. This makes them much better documents for estate planning in later life or to provide for medical necessities.

How to Sign as a Power of Attorney?

Once a Missouri Power of Attorney is signed and notarized, it can be used by the Agent to carry out duties for the Principal. In order to prove they have the authority to act for the Principal, the Attorney-in-Fact must bring the signed copy of the agreement to the place where they will sign a document on the appointing individual’s behalf.

The Agent must then sign their name on the signature line for the signee and must print their own name next to the name of the Principle on the form. They must also indicate that they are signing on behalf of the Principle as their Power of Attorney.

You are only a few steps away from your own Missouri Power of Attorney!

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Preview of your Missouri Power of Attorney

MISSOURI POWER OF ATTORNEY

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the "Durable Power of Attorney Law", section 404.710, Title XXVI Trade and Commerce, Missouri Revised Statutes.

This power of attorney does not authorize the agent to make health-care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I, _________, of _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________

DURABLE POWER OF ATTORNEY

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the "Durable Power of Attorney Law", section 404.710, Title XXVI Trade and Commerce, Missouri Revised Statutes:

- Real Property
- Tangible Personal Property
- Stocks and Bonds
- Commodities and Options
- Banks and Other Financial Institutions
- Operation of Entity or Business
- Insurance and Annuities
- Estates, Trusts, and Other Beneficial Interests
- Claims and Litigation
- Personal and Family Maintenance
- Benefits from Governmental Programs or Civil or Military Service
- Retirement Plans
- Taxes

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS

My Agent(s) is/are entitled to reasonable compensation for services rendered as my Agent.

My Agent(s) is/are entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.

EFFECTIVE DATE

This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.

This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

SIGNATURES

Dated ____________________, _____, at _________, Missouri.


___________________________________	_______________
_________	Date

Address: _________
Telephone Number: _________
Email Address: _________

___________________________________	_______________
_________	Date

NOTARY ACKNOWLEDGMENT

State of Missouri
_________ County

This document was acknowledged before me on	_______________.
	(date)

by ___________________________________
_________

___________________________________
(Seal, if any)

Signature of Notary: __________________________________

My commission expires: _______________________________

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked.

An agent, who is granted general powers for all subjects and purposes or with respect to any express subjects or purposes, shall exercise the powers conferred according to the principal's instructions, in the principal's best interest, in good faith, prudently and in accordance with sections 404.712 and 404.714, Title XXVI Trade and Commerce, Missouri Revised Statutes.

Thus, you must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest.

(2) In the absence of explicit authorization, exercise a high degree of care in maintaining, without modification, any estate plan which the principal may have in place, including, but not limited to, arrangements made by the principal for disposition of assets at death through beneficiary designations, ownership by joint tenancy or tenancy by the entirety, trust arrangements or by will or codicil.

(3) Act in good faith.

(4) Do nothing beyond the authority granted in this power of attorney.

(5) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent.

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit.

(2) Avoid conflicts that would impair your ability to act in the principal's best interest.

(3) Uphold your fiduciary obligation to exercise the powers conferred in the best interests of the principal and to avoid self-dealing.

(4) Act with care, competence, and diligence.

(5) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.

(6) Unless otherwise provided in the power of attorney or in a separate agreement between the principal and agent, exercise the authority granted in a power of attorney with that degree of care that would be observed by a prudent person dealing with the property and conducting the affairs of another.

(7) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest.

(8) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

(9) Exercise authority granted by the principal in accordance with the instrument setting forth the power of attorney, any modification made therein by the principal or the principal's legal representative or a court, and the oral and written instructions of the principal, or the written instructions of the principal's legal representative or a court.

(10) On the death of the principal, follow the instructions of the court, if any, having jurisdiction over the estate of the principal, or any part thereof, and communicate with and be accountable to the principal's personal representative, or if none, the principal's successors; promptly deliver to and put in the possession and control of the principal's personal representative or successors any property of the principal and copies of any records relating to transactions undertaken in the principal's behalf that are deemed by the personal representative or the court to be necessary or helpful in the administration of the decedent's estate.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal.

(2) The principal's revocation of the power of attorney or your authority.

(3) The occurrence of a termination event stated in the power of attorney.

(4) The purpose of the power of attorney is fully accomplished.

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in sections 404.712 and 404.714, Title XXVI Trade and Commerce, Missouri Revised Statutes. If you violate the "Durable Power of Attorney Law of Missouri", sections 404.700 to 404.735, Title XXVI Trade and Commerce, Missouri Revised Statutes, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.