The Missouri Power Of Attorney can be used in a number of different circumstances or situations. Each type of form has a different purpose, but they all basically do the same thing. Namely, they allow you to appoint someone else to stand in your place as if he or she were you. They can be used in discreet temporary situations or they can be used for long-term planning purposes. They can be used for health care, children, taxes, and vehicles as well as for general finances. In all cases, choosing the right person to represent your interests is vital. All forms should comply with Chapter 404 of the Revised Statutes.
Types
Durable Power of Attorney – This type is generally used for long-term planning purposes. It is typically used when someone wants to make sure that their finances will continue to be handled properly even if they have had some incapacitating event whereby you can no longer make your own decisions.
General Power of Attorney – This type is used for general financial powers but you may not want to use it for long-term planning as it becomes void upon an incapacitating event.
Limited (Special) Power of Attorney – A limited form is used for specific and limited circumstances.
Health Care Power of Attorney – This type is used to appoint someone to handle your healthcare needs when you are unable to do so. It is useful if there is someone you trust empowered to make decisions on your behalf in the event you are in an accident.
Minor Child Power of Attorney – You can use this in the event you need someone to be empowered when taking care of your children to make educational and health decisions on their behalf.
Revocation of Power of Attorney – This is used to cancel or terminate a POA that you may have previously entered into.
Real Estate Power of Attorney – Use to allow another person to handle the closing or day-to-day operations of real property.
Tax Power of Attorney Form 2878 – This form is used when you wish to appoint a tax professional to handle your filings and obtain information on your behalf.
Vehicle Power of Attorney – You can use this when you to seek to have another handle your titling and registration of your vehicle.
How to Write
1 – This Form Should Be Accessed Using This Page
The image on this page will display a preview of the Power Appointment form required. Use the buttons below this image to open and download this document.
2 – The Principal’s Appointment Of Authority Declaration Statement
The first paragraph in this document is meant to be a Principal Statement regarding the delegation of Powers to be made through this document. This paragraph will need some information entered so it may apply to the current situation.
First, record the Principal’s Full Name on the first blank line in this document. This is the person who will appoint another individual (Agent/Attorney-in-Fact) with the same Authority he or she possesses in the matters we will define in the next section.
Next, just after the words “the principal, of,” record the Physical Street Address where the Principal lives.
We will need to round out the Principal’s Address information by reporting the County/City where he or she lives on the third blank line and the State where he or she lives on the fourth blank line.
Once we have documented the Principal’s Identity and Location, we will need to present Identity and Location of the Agent/Attorney-in-Fact who will assume the Principal Authority being designated. Fill in the Attorney-in-Fact’s Full Name in the space after the words “hereby designate.”
As we did with the Principal, we will also need to report the Attorney-in-Fact’s Home Address using the next three blank spaces. The Attorney-in-Fact’s Street Address and Home State should be entered in the next space two spaces (in that order)
3 – Define When This Paperwork Goes In Effect
In many cases, the Purpose of this type of paperwork may be closely related to the circumstances catalyzing its Effect. This will be indicated through the act of the Principal initialing the statement that best describes what event puts its Power in Effect.
If the Principal wishes the Principal Powers assigned to the Attorney-in-Fact to become active the moment he or she signs this form, then he or she must initial the blank line corresponding to Choice “A.”
If the Principal wishes the Attorney-in-Fact’s Principal Powers, approved in this document, to become active only when he or she has been diagnosed (by a Physician and in writing) as being unable to manage his or her own affairs, the Principal will need to initial the blank line for Choice “B.”
4 – The Principal Must Directly Approve The Matters Authority Is Granted In
If the Principal has determined the Attorney-in-Fact should be granted Principal Authority with financial institutions in his or her “Banking” matters, then he or she must initial the blank space preceding the first list item in this section.
The Attorney-in-Fact will have the ability to carry out all the actions in the second list item, “Safe Deposit Box,” once the Principal initials the second paragraph. Note: This will give the Agent access to all the Principal’s Safe Deposit Boxes.
The Attorney-in-Fact may use Principal Authority when “Lending And Borrowing” on behalf of the Principal, if the third paragraph is initialed by the Principal.
The Principal Authority to deal with the Principal’s “Government Benefits” will be assigned to the Attorney-in-Fact, should the Principal initial the fourth list item.
The Principal will be able to approve the Agent’s use of Principal Authority with a “Retirement Plan” in the Principal’s Name, once he or she initials the fifth paragraph.
The Attorney-in-Fact will be able to act with Principal Authority in the manner described by the sixth paragraph regarding the Principal’s “Taxes” if the Principal initials the blank line just before the word “Taxes.”
The Principal’s “Insurance” matters will be under the Principal Authority delegated to the Attorney-in-Fact, if the Principal initials the seventh paragraph.
The Principal Authority to deal in the Principal’s “Real Estate” matters will be delegated to the Attorney-in-Fact, once the Principal initials the eighth paragraph.
The Attorney-in-Fact may pursue the actions defined in the ninth paragraph, relating to the Principal’s “Personal Property,” if the Principal initials the blank space provided.
The Principal “Power To Manage Property” on behalf of, and in the name of, the Principal will be granted to the Attorney-in-Fact through the Principal act of initialing the blank space corresponding to the tenth paragraph.
The Principal will grant the Authority defined in the eleventh paragraph, regarding the subject of “Gifts,” to the Attorney-in-Fact by initialing the available blank line.
The Attorney-in-Fact may use Principal Authority to engage in “Legal Advice And Proceedings” matters in the manner described by the twelfth paragraph if the Principal initials this list item before signing this document.
The Principal may have additional statements that he or she expects to be applied to this definition of the Principal Authority delegated to the Attorney-in-Fact. Some of the subjects concerned may be statements defining limitations to Power, extensions of Power, or even additional Powers. Such Principal Provisions should be thoroughly documented on the blank lines provided under the heading “Special Instructions”
5 – Principal Authority Will Only Be Delivered By The Principal Act Of Signing
Once this form has been completed and reviewed by the Principal, he or she must sign this document. On the day the Principal signs this form, he or she must enter the current Date (of Signature) by recording the Calendar Date, Month, and Year using the three blank spaces provided in the “In Witness Whereof…” statement.
There will be a blank line below the “In Witness Whereof…” statement. The Principal must sign his or her Name on this line.
Below the Principal Signature will be a brief Witness Statement. Each Witness must sign his or her Name on one of the “Witness’s Signature” line and provide his or her Residential Address using the blank lines provided after this testimony.
The Principal’s Signature should also be Notarized. For the convenience of the Notary Public, a specific area the Notary Public may work with has been provided.
The Attorney-in-Fact, named in this document as the recipient of Principal Authority, should print his or her Name on the first blank line in the “Specimen Signature And Acceptance Of Appointment” section then, sign his or her Name on the second blank line in this section.
The Notary Public serving this document will have an area where he or she may Notarize the Attorney-in-Fact’s signing of this document. This section has been provided underneath the Attorney-in-Fact signature line.
