What the rule says
Missouri's Durable Power of Attorney Law, codified at Mo. Rev. Stat. § 404.700 et seq., provides Missouri with a comprehensive POA framework.
Default durability
A Missouri POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under Mo. Rev. Stat. § 404.710, certain powers require express authorization in the POA:
- Making a gift - Creating, amending, modifying, revoking, or terminating an inter vivos trust - Creating or changing rights of survivorship - Creating or changing a beneficiary designation - Disclaiming property
Third-party acceptance
Missouri law provides protections and obligations for third parties accepting properly executed POAs.
Execution requirements
A valid Missouri POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare power of attorney is separate
Missouri separates property and healthcare frameworks. Healthcare decisions require a separate Missouri Durable Power of Attorney for Health Care under Mo. Rev. Stat. § 404.800 et seq.
What happens without a POA
If a Missouri resident becomes incapacitated without an executed durable POA, the family must seek conservatorship or guardianship under Mo. Rev. Stat. § 475.010 et seq.
What you can do about it
For Missouri residents:
- Execute a durable POA. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Healthcare POA. - Update older POAs.
Who this affects most
Missouri's POA framework is most consequential for Missouri adults without executed POAs and households where significant agent authority is needed.