[MO] Does a financial power of attorney give someone authority over funeral arrangements after death?

Lexi, Chatbot

I understand that you want to ensure your niece has the authority to manage important aspects of your life. Have you already discussed this arrangement with her?

Lexi, Chatbot

Are you located in the United States, and if so, which state are you in?

Jessica B

Hey there! I'm Jessica, an attorney with many years of experience. I understand you're dealing with a situation where you want to grant your niece full power of attorney to manage your bank accounts and funeral arrangements in Missouri. Have you considered any legal actions to address this issue?

Jessica B

To ensure you have the correct power of attorney forms, it's important to verify that they cover both financial and healthcare decisions if needed. In Missouri, you typically need a Durable Power of Attorney for financial matters and a Healthcare Power of Attorney for medical decisions.

Have you checked if the forms you have include these aspects? If not, I can guide you on what to look for in the forms to ensure they meet your needs.

Jessica B

Ok yes you need two separate POAs. The first it sounds like you already have, which is the Medical POA. You then need to execute a Durable POA to grant her access to your bank accounts. It sounds like you have the right form with the "Durable Financial Power of Attorney" to grant your niece access to your bank accounts and handle your financial matters. If you have any more questions or need further assistance, feel free to ask. I'm here to help! Please let me know if you have any follow-up questions on this topic. Take care!

Jessica B

A Durable Financial Power of Attorney typically covers financial matters, but it may not specifically address funeral arrangements. To ensure your niece has the authority to handle your funeral arrangements, you might need to include specific instructions in your will, or create a separate document, such as a "Funeral Planning Declaration," if your state allows it. Missouri also has its own statute governing the right to control disposition of remains, which lets a person designate an agent for this purpose independent of a will.

It's important to consult with an attorney to ensure all your wishes are legally documented and enforceable. If you have any more questions or need further assistance, feel free to ask. I'm here to help!

Jessica B

A Power of Attorney is only valid while you are alive. This means after you pass, the executor nominated in your will is the one with the power to make funeral arrangements.

Jessica B

Yes, I am a licensed attorney. I apologize for the confusion. I am not allowed to accept clients from this service. I was referring you to consult with a local attorney if you would like in-person assistance with the documents. No, I am a real licensed attorney with over 18 years of experience.

Jessica B

Yes. As long as your niece is named in both the Durable Power of Attorney and as executor in your will, under Missouri's right-to-control-disposition statute this gives her power over your daughter. (MO Rev Stat § 194.119) (Mo. Rev. Stat. § 404.700 et seq.)

Please let me know if I may be of assistance in the future. Thank you.