Power of Attorney in Missouri

A power of attorney is durable only if it is titled "Durable Power of Attorney" and states that the agent's authority does not end if the principal becomes disabled or incapacitated. It must be in writing, signed and dated by the principal, and acknowledged (notarized) like a real estate deed. Missouri does not provide a mandatory statutory form.

A durable power of attorney for health care must meet the same requirements as a durable power of attorney: in writing, signed, dated, acknowledged before a notary, with durability language; authority over artificial nutrition and hydration must be specifically granted. A living will declaration must be in writing, dated and signed by a competent person; unless entirely in the declarant's handwriting, it must be signed by two adult witnesses. A sample (optional) declaration form is in statute.

Missouri does not set out a fill-in statutory financial power of attorney form on the opened pages; instead, a durable power of attorney must be titled "Durable Power of Attorney," contain one of the durability statements prescribed by statute (for example, "THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE..."), and be signed by the principal and dated and acknowledged in the manner required for real estate conveyances (RSMo 404.705). An agent under a health care power of attorney may direct withholding or withdrawal of artificially supplied nutrition and hydration only if the power of attorney specifically grants that authority (RSMo 404.820). RSMo 459.015 provides a living will "Declaration" form; unless written entirely in the declarant's own handwriting, it must be signed in the presence of two or more witnesses at least 18 years old, neither of whom signed for the declarant.