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Missouri Real Estate Power of Attorney Form

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Missouri Real Estate Power of Attorney Form is a legal document that will allow the principal (owner/title holder) of real property, to transfer powers to a pre-determined party  (attorney-in-fact/agent) to oversee the sale, rent or lease, refinancing or any other duties defined by the principal regarding real property in his or her control. This document will require the testimonial signatures of two witnesses and the acknowledgment of a notary public. The form may be revoked at any time, in writing, by the principal and by delivery of such notice to the attorney-in-fact.

Laws –  § 442.360

How to Write

1 – Open The Missouri Appointment Form Necessary To Grant Real Estate Powers

This form will be accessed once you click on one of the buttons below the image. Once you have opened it, you may work on it immediately (on-screen) with the correct software or you may print it. In either case, it is generally a good idea to download a copy of your records.

2 – The Principal’s Designation Of Power Statement Requires Information

This document will begin with some necessary language meant to establish its purpose, define the Grantor’s intent in its execution, and clearly identify the individual receiving Power.

To begin, identify the Grantor (sometimes known as a “Principal”) using the first few empty spaces. The blank space at the beginning of this paragraph must have the Full Name of the Grantor supplied on it. Next, you must enter the Principal’s Physical Location. That is, where he or she physically resides. On the blank space following the Grantor’s Name, enter his or her Street Address. Then, on the blank space after the words “City of,” you must report where the City where the Principal lives. Finally, on the empty line after the words “State of,” fill in the State where the Principal lives. The next segment of this paragraph will need you to supply information to positively identify the Grantee. Oftentimes, this party is referred to as an Attorney-in-Fact or Agent. Enter the Grantee’s Full Name on the blank space after the word “appoint.”You will need to use the next three blank spaces to accurately record the Physical Location of the Attorney-in-Fact’s Home Address. This means you must enter the Street Address on the blank space between the Attorney-in-Fact’s Name and the label “Street Address,” the City where the Attorney-in-Fact lives on the empty space after “City Of,” and the State where he or she lives after “State Of”

3 – Indicate The Determined Powers In “Article I. Assignment Of Authority”

Article I will present a list of four definitions. Each of these may be considered a definition of Power the Grantor may choose to grant to the Attorney-in-Fact. To grant Power, the Principal must initial and mark the checkbox corresponding to the paragraph containing definitions he or she wishes to assign to the Attorney-in-Fact’s Principal Powers. Each paragraph the Principal chooses to initial and mark will need a definition to the Property that will be in the Attorney-in-Fact’s scope of Principal Powers. You must enter the Physical Address and the Legal Description of the Property the Attorney-in-Fact may utilize Principal Powers with on the blank lines within it.

The first paragraph labeled “Sale Of Real Estate” gives the Principal the language necessary to empower the Agent with the Principal Power to sell a Property on behalf of the Principal. The Property the Agent may sell in the Principal’s Name should have its Physical Address entered on the blank line after the words “…Selling The Lands And Premises Located At.” This should be followed by the Legal Description of the Property on the next blank line in this paragraph. Once these items have been furnished, the Principal must initial the blank line preceding the paragraph label and mark the checkbox next to it. The paragraph labeled “Purchase of Real Estate” will describe Principal Powers enabling the Attorney-in-Fact to Purchase Property in the Name of the Principal. In order for this paragraph to be a complete definition, it will need the Physical Address and Legal Description of the Property the Attorney-in-Fact may buy in the Principal’s Name recorded on the blank line following the term “…premises located at,” and the blank line after the words “…Legal Description Of.” If the Principal has determined this Authority should be granted to the Attorney-in-Fact, then he or she must initial this paragraph and mark the checkbox after all the items have been provided. The “Management of Real Estate” paragraph shall grant the Attorney-in-Fact with the Principal Authority to Manage the Grantor (or Principal) Property you define in this paragraph. Define the Property the Attorney-in-Fact should be empowered to Manage by documenting this Property’s Physical Address and Legal Description on the appropriate blank lines. The Principal should then, initial the blank line preceding this paragraph then fill in the corresponding checkbox. The last paragraph describes the “Refinancing” Powers the Principal will grant to the Attorney-in-Fact over the Property you define by supplying that Property’s Physical Address and Legal Description. Once you have completed the Property definition, the Principal will need to initial the blank line and mark the corresponding check box to grant the Attorney-in-Fact these Powers.

4 – Article III Will Need The Durability Status Of This Authority

The Third Article shall require input to indicate the Durability of the Powers conferred through this document. The Grantor will need to initial and check one of three choices to define this.

If the Grantor intends the Powers he or she is granting to the Attorney-in-Fact to automatically Terminate on a specific Date, then he or she should initial the first choice, fill in the corresponding check box, and enter the Termination Date in the spaces provided. The Grantor may have decided the Powers in this document should automatically terminate if he or she is incapacitated, disabled, or dies. If so, he or she should initial the blank space preceding the second choice and check the appropriate checkboxes. The Grantor may declare the Authority in this document effective unless he or she dies or revokes it. This declaration may be done with the Grantor’s act of initialing Choice C and checking the third checkbox.

5 – This Execution Will Revoke Previous Authorities Once The Principal Signs This Form

The Grantor of these Powers must sign this form after it has been successfully completed and verified as accurate. This signature will be required in Article VI. It will be imperative the Grantor provides a Date for the Signature when he or she signs this form. The Principal must enter the Calendar Day, Month, and Year he or she is signing this form using the blank lines in the statement “In Witness Whereof, I Have Executed This Instrument…”After this task has been completed, the Grantor must sign the blank line labeled “Principal’s Signature” and Print his or her Name on the “Print Name” line.

6 – The Witness, Notary Public, and Attorney-in-Fact Must Supply Their Credentials

The Attorney-in-Fact must sign his or her Name on the blank line labeled “Agent’s Signature” then, Print his or her Name on the blank line labeled “Print Name.”

 

The “Notary Acknowledgment” page can only be tended to by the serving Notary Public. Once the Notary has collected and recorded all of the identifying information with regard to each signatory, the Notary will witness the signatures and complete the remainder of the form with their own information. The Notary will acknowledge all of the required signatures by affixing the state notary sealThe Attorney-in-Fact must sign and print his or her Name in the “Acceptance By Agent” section.


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