A principal may delegate to an agent the powers to act in a fiduciary capacity on his/her behalf on general matters or specific matters like legal and financial transactions. This power of attorney may be durable or non-durable.
A power of attorney Missouri may be any of the following types – General power of attorney, Child care power of attorney, durable power of attorney, and limited power of attorney among others.
What is a Missouri Power of Attorney?
A power of attorney form Missouri prepared in accordance with the Missouri Uniform Power of Attorney Act empowers an individual to appoint an agent to act on his/her behalf on different or specific matters in the event that this individual can no longer handle these matters independently.
If durable, the power of attorney remains effective beyond the time the principal becomes incapacitated and can no longer make decisions on his/her own. Otherwise, it becomes invalid after the incapacitation of the principal.
Whether durable or non-durable, a power of attorney Missouri becomes ineffective once the principal dies or revokes the agent(s) powers by signing a revocation form.
What to Include in a Missouri Power of Attorney?
Missouri power of attorney forms must contain the following information:
- Date the form was signed
- The names of both the principal and agent(s)
- Contact addresses of both parties
- Statement and signature of witnesses or that of a notary public.
- Detail specific powers of the attorney-in-fact
- Special instructions section
Types of Missouri Power of Attorney?
Durable power of attorney: This allows for the continuous representation for the principal beyond the time he/she becomes incapacitated.
Medical power of attorney: The agent is granted the powers to make medical decisions for the principals or grantors when they can no longer do so on their own. The agent is responsible for making decisions with regards to providing or withdrawing life support and artificial nutrition or hydration of the grantor.
When to Use The Missouri Power of Attorney?
You should consider drafting a power of attorney form Missouri if you reside in Missouri or run a business here and need to give an individual;
- a broad authorization to act in your name, in your absence or the event that you become incapacitated at a later time
- limited powers to act only on certain financial transactions when you are not available or too ill to attend to such situations
- the rights to represent you in case you become incapacitated or become legally incompetent.
People should also create a Missouri power of attorney if they;
- travel out of the country often
- have children and dependents that need to be taken care of in the event that they become incapacitated
- approaching old age and need someone to take over their affairs
- work in a high-risk environment
- or have been diagnosed with a terminal illness.
Missouri Power of Attorney Requirements
For a power of attorney form Missouri to be considered effective, the following requirements must be met:
- Both signatories to the power of attorney form (principal and agent(s)) must have attained the legal age (18 years)
- The power of attorney form must be signed and dated by the grantor. This date is the date of execution.
- Signatures need to be notarized
- It should also be signed by eligible witnesses
If durable, the following requirements should be met in addition to the above-listed
- Includes a provision that states that there shall be a continuous representation for the principal of the agent in the event that the former becomes incapacitated
- Powers become effective only after two licensed physicians can ascertain that the principal is incapacitated.
Unless specifically stated, a power of attorney Missouri is considered a durable power of attorney Missouri. In other words, it remains durable unless stated that it will be terminated by the disability, incompetence or inability of the grantor.
Section 26-1A-15 requires that the form be signed by the principal or a representative, as long as it is signed at the request of this grantor and in the grantor’s presence. This section also stipulates that a signature is considered genuine if there is dispute over the authenticity of the signature.
Section 26-1A-109 stipulates that the power of attorney becomes legally binding as soon as it is signed in accordance with the provisions of the laws of the state.
If you are looking for a power of attorney form written in accordance with the Missouri Power of Attorney Act, CocoSign has several in stock for you. On the platform, you can find several durable power of attorney form pdf templates or fillable forms to work with.
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