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[MO] Can I use a broad durable power of attorney to handle my mother’s finances, health care, and home sale?

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Here is a template you can copy and paste. You can add your own information and make whatever modifications you see fit.

DURABLE POWER OF ATTORNEY

I, _______________________________________
[PRINCIPAL FULL LEGAL NAME], of _______________________________________
[City], __________________ County, Missouri, appoint


[AGENT FULL LEGAL NAME], of _______________________________________
[City/State], as my Attorney-in-Fact (“Agent”) to act for me as provided below.


1. GENERAL GRANT OF AUTHORITY

My Agent may act for me in any lawful way with respect to my financial, property, business, personal, and health care affairs to the full extent I could act if personally present.

This Power of Attorney is intended to be broad and comprehensive.


2. SPECIFIC POWERS

Without limiting the general authority granted above, my Agent may:

A. Real Estate (Including Sale of Home)

  • Buy, sell, convey, transfer, exchange, lease, manage, insure, maintain, repair, and otherwise deal with any real property I own or later acquire.

  • List real property for sale.

  • Hire and work with real estate agents or brokers.

  • Negotiate and accept offers.

  • Sign listing agreements, purchase agreements, counteroffers, and closing documents.

  • Execute deeds (warranty deed, special warranty deed, quitclaim deed).

  • Sign seller disclosures, affidavits, escrow instructions, settlement statements, and all documents required by title companies or closing agents.

  • Record this Power of Attorney if required.


B. Banking and Financial Institutions

  • Open, close, and manage checking, savings, brokerage, CD, and investment accounts.

  • Deposit and withdraw funds.

  • Endorse and negotiate checks.

  • Transfer funds between accounts.

  • Obtain statements and records.

  • Access online banking.

  • Access safe deposit boxes.


C. Bills and Household Affairs

  • Pay utilities, insurance, medical bills, housing costs, taxes, and other expenses.

  • Contest or negotiate debts.


D. Investments and Retirement Accounts

  • Buy, sell, and manage stocks, bonds, mutual funds, ETFs, and other securities.

  • Manage retirement accounts to the extent permitted by plan rules.

  • Communicate with brokers and financial advisors.


E. Insurance and Government Benefits

  • Apply for and manage Medicare, Medicaid, Social Security, and other benefits.

  • File insurance claims.

  • Communicate with government agencies.


F. Taxes

  • Prepare, sign, and file federal, state, and local tax returns.

  • Pay taxes and receive refunds.

  • Obtain tax transcripts and records.


G. Legal Claims

  • Hire attorneys.

  • Initiate, defend, settle, or resolve claims or lawsuits.

  • Sign releases and settlement agreements.


H. Personal Property

  • Buy, sell, and manage vehicles, household goods, and personal belongings.


3. HEALTH CARE AUTHORITY

My Agent may:

  • Make medical and health care decisions for me.

  • Consent to, refuse, or discontinue medical treatment.

  • Select doctors, hospitals, assisted living, nursing facilities, or rehabilitation centers.

  • Arrange for admission or discharge.


4. HIPAA AUTHORIZATION

My Agent is authorized to access, obtain, and disclose my medical and mental health records under HIPAA and any other privacy laws for purposes of making health care decisions and managing my care.


5. GIFTS (Initial One Option)

_____ OPTION 1 (LIMITED): My Agent may not make gifts to themselves and may only make customary gifts consistent with my prior history.

_____ OPTION 2 (BROADER): My Agent may make gifts consistent with my past practices and for Medicaid or tax planning purposes but may not gift to themselves unless specifically authorized here:



6. COMPENSATION

Initial One:

_____ My Agent may receive reasonable compensation and reimbursement of expenses.
_____ My Agent shall receive reimbursement only (no compensation).


7. SUCCESSOR AGENT

If my Agent is unable or unwilling to serve, I appoint:


[SISTER’S FULL LEGAL NAME]

as Successor Agent.


8. EFFECTIVE DATE

This Power of Attorney is effective:

_____ Immediately upon signing.
_____ Upon my incapacity as certified in writing by a physician.

(For your situation, “Immediately upon signing” is typically recommended.)


9. DURABILITY

This Power of Attorney shall not be affected by my subsequent incapacity or disability. It is intended to be a Durable Power of Attorney under Missouri law.


10. REVOCATION

I may revoke this Power of Attorney at any time in writing.


11. RELIANCE

Any third party may rely on this Power of Attorney unless they have actual knowledge it has been revoked.

A photocopy or electronic copy shall have the same force as an original.


SIGNATURES

Principal Printed Name: _______________________________

Principal Signature: _________________________________

Date: _____________________________________________


Agent Printed Name: _________________________________

Agent Signature: __________________________________

Date: _____________________________________________


WITNESSES

Witness #1 Printed Name: _____________________________
Signature: _________________________________________
Date: _____________________________________________

Witness #2 Printed Name: _____________________________
Signature: _________________________________________
Date: _____________________________________________


NOTARY ACKNOWLEDGMENT (MISSOURI)

State of Missouri )
County of __________________ )

On this ____ day of ______________, 20, before me personally appeared _______________________________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

Notary Public: ____________________________________

My Commission Expires: ____________________________

0

Missouri Durable (Financial) Power of Attorney Form

Full Conversation


My mother is starting to have health issues. She lives in Missouri. I live in Florida. She’s currently competent but not capable of handling her affairs and would like me to be involved in her health care decisions. Also, we are planning to sell her home in Missouri and move her to Florida. I need to be able to handle her financial affairs, including the sale of her home in Missouri. I need a very broad Durable Power of Attorney. Is the one I just created the correct one?

Lexi

Lexi, Chatbot

I’m sorry to hear about your mother’s health issues; that can be a challenging situation. Have you already discussed the specifics of the Durable Power of Attorney with her, and does she understand what it entails?

Yes. She is aware and agrees to have me handle everything for her.

Lexi

Lexi, Chatbot

Are there any specific powers or limitations you want to ensure are included in the Durable Power of Attorney for handling her financial affairs?

I basically want to be able to act like her in all affairs, both financial and medical.

Legal Eagle

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law, and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

Does your mother want one person — you — to have authority for both health care decisions and financial matters, or does she want separate documents and possibly different agents for each?

No. I will handle everything for now. Not sure if things will change, but for now I need to start getting her affairs in order and list her house for sale and be able to sign all those docs and have access to her financial accounts.

We can have my sister as an alternate, but only if I am unavailable to act as my mom’s agent.

Mom is aware. I need a form I can send to a mobile notary to take to Mom and have her sign it.

It needs to be very broad.

Legal Eagle

Legal Eagle

Ok, thank you so much for including that!

Do you want the same document to cover both financial and health care decisions, or are you open to having two separate documents (one for finances and one for health care) if that’s recommended in Missouri?

Whatever the best way is. One is preferred, but if I need two that would be fine.

Legal Eagle

Legal Eagle

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

No, that’s it.

Legal Eagle

Legal Eagle

Here is a template you can copy and paste. You can add your own information and make whatever modifications you see fit.

DURABLE POWER OF ATTORNEY

I, _______________________________________
[PRINCIPAL FULL LEGAL NAME], of _______________________________________
[City], __________________ County, Missouri, appoint


[AGENT FULL LEGAL NAME], of _______________________________________
[City/State], as my Attorney-in-Fact (“Agent”) to act for me as provided below.


1. GENERAL GRANT OF AUTHORITY

My Agent may act for me in any lawful way with respect to my financial, property, business, personal, and health care affairs to the full extent I could act if personally present.

This Power of Attorney is intended to be broad and comprehensive.


2. SPECIFIC POWERS

Without limiting the general authority granted above, my Agent may:

A. Real Estate (Including Sale of Home)

  • Buy, sell, convey, transfer, exchange, lease, manage, insure, maintain, repair, and otherwise deal with any real property I own or later acquire.

  • List real property for sale.

  • Hire and work with real estate agents or brokers.

  • Negotiate and accept offers.

  • Sign listing agreements, purchase agreements, counteroffers, and closing documents.

  • Execute deeds (warranty deed, special warranty deed, quitclaim deed).

  • Sign seller disclosures, affidavits, escrow instructions, settlement statements, and all documents required by title companies or closing agents.

  • Record this Power of Attorney if required.


B. Banking and Financial Institutions

  • Open, close, and manage checking, savings, brokerage, CD, and investment accounts.

  • Deposit and withdraw funds.

  • Endorse and negotiate checks.

  • Transfer funds between accounts.

  • Obtain statements and records.

  • Access online banking.

  • Access safe deposit boxes.


C. Bills and Household Affairs

  • Pay utilities, insurance, medical bills, housing costs, taxes, and other expenses.

  • Contest or negotiate debts.


D. Investments and Retirement Accounts

  • Buy, sell, and manage stocks, bonds, mutual funds, ETFs, and other securities.

  • Manage retirement accounts to the extent permitted by plan rules.

  • Communicate with brokers and financial advisors.


E. Insurance and Government Benefits

  • Apply for and manage Medicare, Medicaid, Social Security, and other benefits.

  • File insurance claims.

  • Communicate with government agencies.


F. Taxes

  • Prepare, sign, and file federal, state, and local tax returns.

  • Pay taxes and receive refunds.

  • Obtain tax transcripts and records.


G. Legal Claims

  • Hire attorneys.

  • Initiate, defend, settle, or resolve claims or lawsuits.

  • Sign releases and settlement agreements.


H. Personal Property

  • Buy, sell, and manage vehicles, household goods, and personal belongings.


3. HEALTH CARE AUTHORITY

My Agent may:

  • Make medical and health care decisions for me.

  • Consent to, refuse, or discontinue medical treatment.

  • Select doctors, hospitals, assisted living, nursing facilities, or rehabilitation centers.

  • Arrange for admission or discharge.


4. HIPAA AUTHORIZATION

My Agent is authorized to access, obtain, and disclose my medical and mental health records under HIPAA and any other privacy laws for purposes of making health care decisions and managing my care.


5. GIFTS (Initial One Option)

_____ OPTION 1 (LIMITED): My Agent may not make gifts to themselves and may only make customary gifts consistent with my prior history.

_____ OPTION 2 (BROADER): My Agent may make gifts consistent with my past practices and for Medicaid or tax planning purposes but may not gift to themselves unless specifically authorized here:



6. COMPENSATION

Initial One:

_____ My Agent may receive reasonable compensation and reimbursement of expenses.
_____ My Agent shall receive reimbursement only (no compensation).


7. SUCCESSOR AGENT

If my Agent is unable or unwilling to serve, I appoint:


[SISTER’S FULL LEGAL NAME]

as Successor Agent.


8. EFFECTIVE DATE

This Power of Attorney is effective:

_____ Immediately upon signing.
_____ Upon my incapacity as certified in writing by a physician.

(For your situation, “Immediately upon signing” is typically recommended.)


9. DURABILITY

This Power of Attorney shall not be affected by my subsequent incapacity or disability. It is intended to be a Durable Power of Attorney under Missouri law.


10. REVOCATION

I may revoke this Power of Attorney at any time in writing.


11. RELIANCE

Any third party may rely on this Power of Attorney unless they have actual knowledge it has been revoked.

A photocopy or electronic copy shall have the same force as an original.


SIGNATURES

Principal Printed Name: _______________________________

Principal Signature: _________________________________

Date: _____________________________________________


Agent Printed Name: _________________________________

Agent Signature: __________________________________

Date: _____________________________________________


WITNESSES

Witness #1 Printed Name: _____________________________
Signature: _________________________________________
Date: _____________________________________________

Witness #2 Printed Name: _____________________________
Signature: _________________________________________
Date: _____________________________________________


NOTARY ACKNOWLEDGMENT (MISSOURI)

State of Missouri )
County of __________________ )

On this ____ day of ______________, 20, before me personally appeared _______________________________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

Notary Public: ____________________________________

My Commission Expires: ____________________________

Legal Eagle

Legal Eagle

133,377 satisfied customers

Criminal law, employment law, family law, landlord-tenant, and real estate law.

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