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A Missouri power of attorney is a legal form that acts as authorization for an individual, referred to as an agent or attorney-in-fact, to make financial decisions, healthcare decisions, real estate decisions, or estate decisions on behalf of the person granting the authority. A Missouri power of attorney is most often used for estate planning, but there are other instances where it is a useful tool.
Quick Reference:
The person granting permission is referred to as the principal, donor, or grantor.
The person receiving authorization is known as the agent or attorney-in-fact.
A Missouri power of attorney is a power of attorney form must comply with Chapter 404 of Missouri’s Revised Statutes. These laws in the State of Missouri specifically outline the parameters of a legally enforceable power of attorney, and ensure that the form, as well as its duties, are protected under the law. To create a POA in the State of Missouri:
The principal can state within the document which powers the agent does and does not have. The principal also has the right to revoke (terminate) the power of attorney as long as they are competent. This is true even if the POA is durable.
Additionally, a Missouri power of attorney is terminated when:
There are many reasons why someone would use a Missouri power of attorney form to give someone the ability to make decisions related to their personal property, financial institution transactions, tax matters, or their well-being. Some of those reasons include:
Each person’s power of attorney needs may vary. Thankfully, there are several types of power of attorney documents available. You should seek legal advice before choosing one to use so that you choose the one that is best for your needs. Additionally, this will provide you with the opportunity to ask how to revoke a POA should it become necessary for you to do so. Here are the most common Missouri power of attorney forms.
General Power of Attorney
A general power of attorney grants broad agent authority unless specific powers are listed.
Missouri Durable Power of Attorney
A Missouri durable power of attorney is an "extended version" of a general power of attorney because it goes beyond the parameters of a general power of attorney.
Limited Power of Attorney
A limited power of attorney, also known as a special power of attorney, grants limited, specific power to whatever the principal specifies.
Healthcare Power of Attorney
A healthcare power of attorney grants an agent the specific power to make healthcare decisions for the principal.
Minor Child Power of Attorney
A minor child power of attorney allows a parent or guardian to grant decision-making rights over their child to a temporary guardian in the case that the parent or guardian may not be present during a medical emergency.
Real Estate Power of Attorney
A real power of attorney grants power to the agent allowing them to buy, sell, and manage real estate on the principal's behalf.
Tax Power of Attorney
A tax power of attorney, officially known as Form 2827, allows the agent, generally a qualified individual such as an accountant, to prepare and submit tax information to the Missouri Department of Revenue on behalf of the principal.
Vehicle Power of Attorney
A vehicle power of attorney allows the agent to buy, sell, and handle the necessary paperwork with the Missouri Department of Motor Vehicles on the principal's behalf.
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