Updated May 22, 2024
A Missouri springing power of attorney is a legal document used by an individual (the principal) to give another person (the attorney in fact) authority to make important business, financial, or healthcare decisions for the principal if the principal becomes disabled or incapacitated.
Permitted in Missouri?
Signing Requirements
A power of attorney must be signed by the principal and acknowledged before a notary public or other individual authorized by law to take acknowledgments.[2]
“Incapacity” and “Disabled” Definitions
“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.[3]