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Question
Do I really need a power of attorney?
Many people execute a durable power of attorney in case of incapacitation. If an accident or illness renders you temporarily or permanently unable to act for yourself, you need someone to act in your place. That can happen through a power of attorney or a conservatorship. Since appointing a conservator to manage financial decisions involves a long court action in probate court, a power of attorney is a more efficient way to ensure someone can act on your behalf when you cannot do so.
Most people can create a power of attorney on their own through FindLaw’s DIY service. Don’t keep delaying this important step.
Click on the links below to jump down the page:
How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
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How to get a Missouri power of attorney
Understand how a POA works in Missouri
A power of attorney is a written legal document that appoints someone to act on behalf of a principal. As the one making a power of attorney, you are the principal. The person you appoint is called the attorney-in-fact (or agent).
In Missouri state law, powers of attorney are durable unless the document states otherwise. “Durable” means a power of attorney is effective regardless of incapacity or disability. Most powers of attorney are durable since they serve as a backup in case you become unavailable or incapacitated. If you wish to appoint someone to make health care decisions when you cannot do so, you need to execute a health care power of attorney (also called a health care directive).
Choose your attorney-in-fact
Your attorney-in-fact should be willing to look out for your best interests and have knowledge about your business. For example, an attorney-in-fact should know your routine business activities, where you keep financial or brokerage accounts, and whether you pay a mortgage. People often choose their spouse, live-in partner, close friend, or business partner to fulfill this role. Choose a successor attorney-in-fact as well in case your primary choice is unable to serve in their role in the future.
Choose powers
Generally, an attorney-in-fact is in a trusted position to handle financial duties on your behalf as long as they act in your interest and not to their benefit. But you can make a power of attorney as broad or as limited as needed. You may wish to allow your attorney-in-fact specific powers to handle financial affairs, like paying bills on time but restrict their access to life insurance policies or beneficiaries on your retirement plan or annuity accounts.
Sign in front of a notary
You must sign your power of attorney in front of a notary who acknowledges your signature. Notary publics are available at your local financial institution, or you can hire a mobile notary to visit you at home to complete the power of attorney. If you hire a law firm to review or draft your power of attorney, they will have a notary public available on staff.
Make copies
Store the original power of attorney in a safe deposit box or a fireproof filing cabinet. Make copies and provide them to your attorney-in-fact, successor attorneys-in-fact, family members, and anyone else affected by the document.
If you need to revoke a power of attorney, you have two options. You can execute a new power of attorney or a document called a revocation of power of attorney. Most people simply make another power of attorney.
Missouri powers of attorney frequently asked questions
You can find free power of attorney forms online. However, the form may not be appropriate for your situation or legally enforceable in Missouri. If you do not arrange for an estate planning lawyer to review your free form, you risk creating a power of attorney that will not help you or your loved ones should you become incapacitated.
If you own a business, face substantial family conflict, or face other complex situations, attorney review is likely necessary. In these circumstances, it never hurts to contact a lawyer in your area to ensure your power of attorney is correct.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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