This Power of Attorney Package contains Power of Attorney forms that allow you to make decisions about your finances, healthcare, and the care of minor children. The following forms are included:
1. General Durable Power of Attorney for Property and Finances Effective Upon Disability
2. General Durable Power of Attorney for Property and Finances Effective Immediately
3. Power of Attorney for Care and Custody of Children
4. Durable Power of Attorney for Health Care
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Witnesses must be above the age of 18 and not related to you or named in the power of attorney (in other words, your agent cannot be a witness). Witnesses must confirm they are signing the document willingly and free of undue influence.
Generally, there are no formalities for POAs and they may be given orally or in writing. However, if the act which the Principal requires the Agent to perform has certain prescribed formalities, then the POA will need to comply with the same formalities.
Notarization Requirement To make a durable power of attorney in Missouri (the most common type of POA in estate plans), you must sign your POA in the presence of a notary public.
Under Missouri law, and the law of many other states, a power of attorney with proper wording may be made ?durable.? This means that the power of the agent to act on the principal's behalf continues despite the principal's incapacity, whether or not a court decrees the principal to be incapacitated.
To make a durable power of attorney in Missouri (the most common type of POA in estate plans), you must sign your POA in the presence of a notary public. In addition, many financial institutions will not want to rely on a POA unless it has been notarized?a process that helps to authenticate the document.
A durable power of attorney does not have to be recorded to be valid and binding between the principal and attorney in fact or between the principal and third persons, except to the extent that recording may be required for transactions affecting real estate under sections 442.360 and 442.370.
With the power of attorney, the named individual will make sure her wishes are granted. Missouri law requires that a durable power of attorney be signed in the presence of two or more witnesses, but allows the principal to revoke it at any time.
You cannot generally use a Power of Attorney after a person is deceased. The only exception would be with regard to certain limited clauses contained in the document which specifically state that they are to be effective after death, such as the clause related to the disposition of the remains.
Under Missouri law, and the law of many other states, a power of attorney with proper wording may be made ?durable.? This means that the power of the agent to act on the principal's behalf continues despite the principal's incapacity, whether or not a court decrees the principal to be incapacitated.
