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Missouri General (Financial) Power of Attorney

A Missouri general power of attorney is a document that allows a person to designate another person to act on their behalf in financial matters. It is similar to the durable power of attorney except that it becomes void if the principal becomes incapacitated.
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Laws

  • Durable – A power of attorney is durable if:[1]
    • The power of attorney is denominated a “Durable Power of Attorney”;
    • The power of attorney includes a provision that states in substance one of the following:
      • “THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE IF I BECOME DISABLED OR INCAPACITATED OR IN THE EVENT OF LATER UNCERTAINTY AS TO WHETHER I AM DEAD OR ALIVE”; or
      • “THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT, WHEN EFFECTIVE, SHALL NOT TERMINATE OR BE VOID OR VOIDABLE IF I AM OR BECOME DISABLED OR INCAPACITATED OR IN THE EVENT OF LATER UNCERTAINTY AS TO WHETHER I AM DEAD OR ALIVE.”
  • Disabled Person” is one who is:
    • (a)  Unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks ability to manage the person’s financial resources; or
    • (b)  The term disabled or disabled person, as used in this chapter includes the terms partially disabled or partially disabled person unless otherwise specified or apparent from the context.
  • “Incapacitated Person” is one who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person, even with appropriate services and assistive technology, lacks capacity to manage the person’s essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur.  The term incapacitated person as used in this chapter includes the term partially incapacitated person unless otherwise specified or apparent from the context.[2]
  • Signing Requirements – Must be notarized.[3]