[MO] What are the legal requirements for our durable power of attorney form to be valid and accepted by banks?

MO Estate Planning

Jessica B

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Key requirements and elements:

Competency: You must be of sound mind when you sign.
Signature: The principal (you) must sign the document.
Notarization/Witnessing: Required for validity; notarization is key for financial POAs, while healthcare POAs often need two witnesses or a notary.
Durable language: Must include specific phrasing like, “This is a durable power of attorney and the authority of my attorney-in-fact shall not terminate if I become disabled or incapacitated...” (MO Rev Stat § 404.705 (2))
Agent designation: Clearly name your trusted attorney-in-fact (agent).
Scope of powers: Define what your agent can do (pay bills, manage property, make healthcare choices, etc.).

Missouri Durable (Financial) Power of Attorney Form

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Will this durable power of attorney meet the Missouri legal statutes that banks accept?

Lexi, Chatbot

I understand that ensuring your durable power of attorney meets legal requirements is important for you. Can you tell me if you have already drafted the document or are you in the process of creating it?

We have already drafted it, but the last one he completed and signed did not meet the requirements in Missouri.

Lexi, Chatbot

Have you consulted with any legal professionals regarding this document before?

No, he does not have any money and just went into a nursing home.

Jessica B

Hi there! I'm here to help you with your durable power of attorney concerns in Missouri.

Jessica B

Key requirements and elements:

Competency: You must be of sound mind when you sign.
Signature: The principal (you) must sign the document.
Notarization/Witnessing: Required for validity; notarization is key for financial POAs, while healthcare POAs often need two witnesses or a notary.
Durable language: Must include specific phrasing like, “This is a durable power of attorney and the authority of my attorney-in-fact shall not terminate if I become disabled or incapacitated...” (MO Rev Stat § 404.705 (2))
Agent designation: Clearly name your trusted attorney-in-fact (agent).
Scope of powers: Define what your agent can do (pay bills, manage property, make healthcare choices, etc.).

Jessica B

29,480 satisfied customers

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