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Missouri General (Financial) Power of Attorney Form

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Missouri General Power of Attorney provides a method for a person to grant power to an individual to act on his or her behalf for general financial matters. This means that the person you appoint, called the agent, will be able to take actions as if they were you. Any decisions he or she makes (defined within this document) will be considered binding…as if you made those decisions. It is, therefore, important that you choose a person who has your best interests at heart and is reliable and responsible. This form is similar to the durable power of attorney but has one major difference. It becomes void upon your adjudged incapacity. That means that if your doctor determines that you can not make decisions anymore, your POA is terminated.

Durable Power of Attorney – Unlike a General Power of Attorney. the Durable allows the principal to be incapacitated with the form remaining in effect.

How to Write

 

1 – Access The Appropriate Paperwork To Issue A General Designation Of Authority

The three buttons below the image on this page will link directly to the Power appointment form. You may select to access this document as a PDF, ODT, or Word document (depending on your needs). Once you have opened the form, you may enter information directly onscreen provided you have a compatible program with the file type you accessed. You may also print this form in the absence of an editing program.

2 – Introduce The Principal Granting Power And The Determined Agent Of Principal Authority

Document the Full Name of the Principal on the blank line in this Form’s Title (“Missouri General Power Of Attorney Of”) and on the first blank line in the first paragraph.

Present the Building Number, Street Name, Unit Number, and County or State of the Principal’s Residential Address on the blank space just before the bracketed label “[Street Address]”Enter the State where the Principal’s Residential Address is located on the next available blank space. Once these tasks have been completed, we must clearly document the Name of the Attorney-in-Fact. This person will be appointed with Principal Powers through this paperwork’s execution. Present the Attorney-in-Fact’s Name (First, Middle, and Last) on the blank space just before the label “[Attorney-in-Fact’s Name].”The Street Address where the Attorney-in-Fact maintains his or her Residence should be supplied on the next blank space. Lastly, enter the State where the Attorney-in-Fact lives on the last empty line of this paragraph.

3 – Principal Authority Will Only Be Granted For Powers Bearing Direct Principal Approval

The Principal Powers that may be delegated to the Agent will need Principal Approval. A list of general topics containing descriptions of actions the Agent may take in the Principal’s Name is presented in the “Powers” section. The Principal should go through this list then initial the Powers the Agent will be able to exert Principal Authority in. If the Principal does not wish a Power Definition to be included in the Agent’s Principal Authority, that paragraph should be left unmarked.

The first description of Authority is the “Power To Make Payments Or Collect Money Owed.” The Agent will have the Principal Authority to represent the Principal when it comes to Payments owed to him or her and Debts he or she may carry. The Principal will grant the Agent to conduct his or her activities with Principal Authority if he or she initials the blank line provided. The Principal “Power To Acquire, Lease And Sell Personal Property” of the Principal on behalf of the Principal can be granted to the Agent if the Principal initials the second item. The Agent (or Attorney-in-Fact) will be empowered with the Principal “Power To Acquire, Lease And Sell Real Property” in the Principal’s Name once the Principal initials Item 3. The Principal “Management Powers” that may be conferred to the Agent named above are described in Item 4. If the Principal wishes to empower the Agent in such a manner he or she should initial the corresponding blank space. If the Agent must have the Principal Power to represent the Principal with financial institutions, the Principal will need to initial the “Banking Powers” item. The Principal must initial the “Motor Vehicles” paragraph if he or she wishes to empower the Agent to utilized Principal Authority with his or her vehicles. The Principal may grant the Agent with the Principal Authority to represent him or her when it comes to the Principal’s Taxes by initialing the “Tax Powers” item (Paragraph 7). The Principal’s “Safe-Deposit Boxes” may be accessed and controlled at any time by the Agent if the Principal gives the Agent Principal Powers to do so. This Principal Power will be delivered when the Principal initials the eighth paragraph.

The Principal’s “Gift Making Powers” will be delegated to the Agent upon the Principal Act of initialing the ninth item. If the Principal wishes to grant the Agent Power to Borrow and Make Loans in his or her Name, the tenth item (“Lending And Borrowing”) must be initialed by the Principal. The Principal’s “Contracts” may be acted upon by the Agent (with Principal Authority) if the eleventh item is initialed by the Principal. The Agent will have the Principal Approval to represent the Principal with Principal Authority regarding his or her “Health Care” once the Principal initials the “Health Care” paragraph. The Agent will be able to represent the Principal according to the Health Insurance Portability and Accountability Act Of 1996 (Pub. L. No. 104-191) if the Principal initials the thirteenth item (“HIPAA”). The Principal’s “Power To Hire And Pay For Services” will be appointed to the Agent if the Principal initials paragraph 14. The “Reimbursement Of Attorney-in-Fact” will be included in the Attorney-in-Fact’s Principal Powers if the Principal initials Item 15. The Principal will grant his or her Approval for the Agent to have the “Power To Sue Third Parties Who Fail To Act Pursuant To Power Of Attorney.” by initialing the sixteenth item.

The seventeenth item will enable the Principal to include additional statements applying to these Powers and their Delegation to the Agent. If the Principal wishes to include any provisions, he or she must document them on the blank line after the words “Other – Power To Conduct The Following” then, initial the blank line preceding the Number 17.

4 – The Lifespan Of This Appointment Of Power Must Be Defined

The Principal will need to define when the Agent’s Principal Powers begin and when the Agent’s Principal Powers must terminate. This will be handled in the section titled “Effective Date And Termination.” The Principal should read all the statements here then initial the ones he or she wishes to apply to the lifespan of Power Appointment.

The first two choices will apply to the Start Date of the Agent’s Principal Authority. If the Principal wishes to empower the Agent immediately upon his or her signing, the first statement should be initialed by the Principal. If preferred, the Principal has the option to choose a specific Start Date for the Agent’s Principal Authority to be active by initialing the second statement then entering the desired Start Date using the available blank spaces.

Next, the Principal may choose to have the Agent’s Principal Powers terminate on a specific Date by initialing the blank line preceding the term “On The Following Date.” This item requires the desired Termination Date recorded on the blank spaces available. The blank line preceding the words “When I have made…” should be initialed if the Principal wishes the Agent’s Principal Authority to remain effective until he or she revokes it on paper. If the Principal prefers the Agent’s Principal Authority to remain active until he or she is rendered unable to make his or her own decisions, the Principal will need to initial the blank space preceding the term “When and if I become…”

5 – The Principal Act Of Signing Will Validate The Principal’s Intent

Locate the section titled “Third Party Reliance.” Use the three empty spaces just before the term “…executed this General Non-Durable Power…” to record the Signature Date of the Principal. this should be recorded as a Two-Digit Calendar Day, the Name of the Month, and the Two-Digit Calendar Year when this document is signed. The Principal must sign his or her Name on the “Principal’s Signature Line” then present his or her printed Name on the “Principal’s Printed Name.”Next, the “Acceptance Of Appointment” section must have the Name of the Attorney-in-Fact presented in print on the blank line following the word “I.” Then he or she will need to sign the “Attorney-in-Fact’s Signature” line and print his or her Name on the “Attorney-in-Fact’s Printed Name” line. 

The final section, “Acknowledgment Of Notary Public,” will only be satisfied with the attention of the Notary Public present at the time of the Principal Signing.


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