Power of Attorney Acceptance and Refusal Rules in Missouri

At a glance

Requirements one by one

Scope and reliance

A power granting general authority can be durable or nondurable (Mo. Rev. Stat. § 404.710(1)). The third-person reliance rule says a person acting in good faith may rely on a power executed by the principal and deal with the agent within its subjects and purposes (§ 404.719(1)). Section 404.730(4) cautions that the chapter applies to nondurable powers only where specifically stated.

Information and indemnity

When asked to transact through the agent, a third person may require signature specimens, other information reasonably necessary or appropriate for the transaction, and indemnity against forgery by bond or otherwise (§ 404.719(4)). The same provision removes the bond requirement when the power is durable, either the principal or agent has been a Missouri resident for at least two years, and the agent delivers an indemnity agreement in the principal’s name reasonably satisfactory in form. It also allows the third person to prescribe where and how notices about the power must be given and the time for compliance with those notices.

What trips people up

The notice-compliance time that a recipient may prescribe is different from a general deadline for deciding whether to honor a presented power. Sections 404.719 and 404.721 give no universal response clock, later clock, or written refusal notice. They do not list exclusive grounds for declining an agent’s request or a specific damages-and-fees award for refusal.

Section 404.721(1) treats the authority as terminated, as between principal and third person, on a date set in the power or when the third person has actual knowledge of death, suspension, modification or termination. An agreement with the principal may set duties and liabilities, but may not limit the principal’s right to act through an agent appointed in a durable power (§ 404.721(3)).

Common questions

May an institution insist on a bond against forgery? Section 404.719(4) generally permits that request, but bars the bond if its durable-power, Missouri-residency and indemnity-agreement conditions are all met.

Must the third person investigate the agent’s authority before relying on it? The good-faith reliance provision removes duties to inquire into listed matters absent actual knowledge (§ 404.719(1)); for an organization, actual knowledge has the receipt and reasonable-processing rule in § 404.719(3).

Statutes and sources

The quoted Revised Statutes provisions were accessed October 4, 2026 from the Missouri Revisor’s current section pages.

Mo. Rev. Stat. § 404.710. “404.710. Power of attorney with general powers. — 1. A principal may delegate to an attorney in fact in a power of attorney general powers to act in a fiduciary capacity on the principal's behalf with respect to all lawful subjects and purposes or with respect to one or more express subjects or purposes. A power of attorney with general powers may be durable or not durable.” Official statute (accessed October 4, 2026).

Mo. Rev. Stat. § 404.710. “8. A third person may freely rely on, contract and deal with an attorney in fact delegated general powers with respect to the subjects and purposes encompassed or expressed in the power of attorney without regard to whether the power of attorney expressly identifies the specific property, account, security, storage facility or matter as being within the scope of a subject or purpose contained in the power of attorney, and without regard to whether the power of attorney expressly authorizes the specific act, transaction or decision by the attorney in fact.” Official statute (accessed October 4, 2026).

Mo. Rev. Stat. § 404.710. “9. It is the policy of this state that an attorney in fact acting pursuant to the provisions of a power of attorney granting general powers shall be accorded the same rights and privileges with respect to the personal welfare, property and business interests of the principal, and if the power of attorney enumerates some express subjects or purposes, with respect to those subjects or purposes, as if the principal himself or herself were personally present and acting or seeking to act; and any provision of law and any purported waiver, consent or agreement executed or granted by the principal to the contrary shall be void and unenforceable.” Official statute (accessed October 4, 2026).

Mo. Rev. Stat. § 404.719. “404.719. Exemption of third persons from liability. — 1. A third person, who is acting in good faith, without liability to the principal or the principal's successors in interest, may rely and act on any power of attorney executed by the principal; and, with respect to the subjects and purposes encompassed by or separately expressed in the power of attorney, may rely and act on the instructions of or otherwise contract and deal with the principal's attorney in fact or successor attorney in fact and, in the absence of actual knowledge, as defined in subsection 3 of this section, is not responsible for determining and has no duty to inquire as to any of the following:” Official statute (accessed October 4, 2026).

Mo. Rev. Stat. § 404.719. “3. A third person that conducts activities through employees shall not be charged under sections 404.700 to 404.735 with actual knowledge of any fact relating to a power of attorney, nor of a change in the authority of an attorney in fact, unless the information is received at a home office or a place where there is an employee with responsibility to act on the information, and the employee has a reasonable time in which to act on the information using the procedures and facilities that are available to the third person in the regular course of its operations.” Official statute (accessed October 4, 2026).

Mo. Rev. Stat. § 404.719. “4. A third person, when being requested to engage in transactions with a principal through the principal's attorney in fact, may require the attorney in fact to provide specimens of his or her signature and any other information reasonably necessary or appropriate in order to facilitate the actions of the third person in transacting business through the attorney in fact, may require the attorney in fact to indemnify the third person against forgery of the power of attorney, by bond or otherwise; provided, however, that if the power of attorney is durable as defined in subsection 1 of section 404.705 and if either the principal or the attorney in fact seeking to act is and has been a resident of this state for at least two years, and if the attorney in fact has executed in the name of the principal and delivered to the third person an indemnity agreement reasonably satisfactory in form to such third person, no such bond shall be required; and may prescribe the place and manner in which the third person will be given any notice respecting the principal's power of attorney and the time in which the third person has to comply with any notice.” Official statute (accessed October 4, 2026).

Mo. Rev. Stat. § 404.721. “404.721. Liability as between principal and third person. — 1. As between the principal and third persons, the authority granted in a power of attorney shall terminate on the date of termination, if any, set out in the power of attorney or on the date when the third person acquires actual knowledge of the death of the principal or that the authority granted in the power of attorney has been suspended, modified or terminated.” Official statute (accessed October 4, 2026).

Mo. Rev. Stat. § 404.721. “3. This section does not prohibit the principal, acting individually, and a third person from entering into a written agreement that sets forth their duties and liabilities as between themselves and their successors, and which expands or limits the application of sections 404.700 to 404.735, except that no agreement shall limit or restrict the right of the principal to act with respect to the third person through an attorney in fact appointed in a durable power of attorney.” Official statute (accessed October 4, 2026).

Mo. Rev. Stat. § 404.730. “4. Sections 404.700 to 404.735 shall not be construed to apply to powers of attorney that are not durable except where specifically so stated; and sections 404.700 to 404.735, insofar as they apply to powers of attorney that are not durable, are intended to be declaratory of existing law.” Official statute (accessed October 4, 2026).