Financial Power of Attorney - Missouri

MISSOURI DURABLE FINANCIAL POWER OF ATTORNEY

Important Information

This is a durable financial power of attorney under Mo. Rev. Stat. §§ 404.700–404.735. It is not a health-care power of attorney.

Missouri requires a durable power to be titled a “Durable Power of Attorney,” to contain a durability statement that is substantively sufficient under § 404.705, and to be subscribed by the Principal, dated and acknowledged in the manner prescribed for a conveyance of real estate. This form uses one of the statutory durability statements verbatim.

This form is effective immediately. It grants general powers for all lawful financial and property subjects under § 404.710, but it deliberately does not grant any authority that § 404.710(6) requires the Principal to authorize expressly. A Missouri attorney should draft any desired gift, trust, beneficiary, survivorship or other special estate-planning authority.

1. Principal and Attorney-in-Fact

I, [PRINCIPAL FULL LEGAL NAME], of [PRINCIPAL ADDRESS], appoint:

Attorney-in-Fact: [PRIMARY ATTORNEY-IN-FACT FULL LEGAL NAME]

Address: [ADDRESS]

Telephone and Email: [CONTACT INFORMATION]

to act for me within the authority granted by this Durable Power of Attorney. “Attorney-in-Fact” means my agent; it does not require the person to be a lawyer.

2. Successor Attorneys-in-Fact

If the primary Attorney-in-Fact dies, resigns, becomes unqualified or otherwise ceases to serve, I appoint:

First Successor: [NAME, ADDRESS, TELEPHONE AND EMAIL]

If that person does not serve or ceases serving, I appoint:

Second Successor: [NAME, ADDRESS, TELEPHONE AND EMAIL]

No successor may act while a prior named Attorney-in-Fact remains authorized and willing to serve.

3. General Grant of Financial Authority

I grant my Attorney-in-Fact general powers to act in a fiduciary capacity on my behalf with respect to all lawful subjects and purposes, as provided in Mo. Rev. Stat. § 404.710, subject to every limitation in this document and to subsections 6 and 7 of that statute.

This general grant includes authority, within applicable law, to act concerning my real and personal property, accounts and financial institutions, securities, businesses, insurance and annuities, taxes, government benefits, claims and litigation, contracts, debts and expenses. The Attorney-in-Fact may sign and deliver documents and may employ and compensate professionals and subagents when reasonably useful to carry out granted authority, subject to the Attorney-in-Fact’s duties and this document.

Real Property Limitation (Optional)

If completed, authority concerning real property is limited as follows:

[LEGAL DESCRIPTION, COUNTY AND LIMITS]

Recording is not generally required for validity of a Missouri durable power, but recording may be required for a transaction affecting real estate. Obtain Missouri counsel and title-company instructions before relying on this form for real property.

4. Powers Expressly Withheld

I do not grant any power described in Mo. Rev. Stat. § 404.710(6). I also do not grant authority to:

1. make health-care decisions for me;
2. execute, amend or revoke my will;
3. use my property for the Attorney-in-Fact’s own benefit except for authorized reimbursement or compensation under Section 8; or
4. take any action prohibited by Mo. Rev. Stat. § 404.710(7) or other applicable law.

Do not add special estate-planning powers in this section without advice from a Missouri attorney. Section 404.710 requires express drafting for specified powers; a broad general grant is not enough.

5. Special Instructions and Limitations

The following instructions narrow the authority granted above and do not add a power withheld by Section 4:

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

If these instructions conflict with the general grant, these instructions control.

6. Durability and Effective Date

This Durable Power of Attorney is effective when I sign and acknowledge it.

THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE IF I BECOME DISABLED OR INCAPACITATED OR IN THE EVENT OF LATER UNCERTAINTY AS TO WHETHER I AM DEAD OR ALIVE.

The quoted statement is the durability language in Mo. Rev. Stat. § 404.705. Disability or incapacity does not itself end this authority.

7. Duties, Instructions and Records

When the Attorney-in-Fact elects to act, Mo. Rev. Stat. § 404.714 requires the Attorney-in-Fact to act in my interests, avoid conflicts that impair that duty, exercise granted authority in my best interests, avoid unauthorized self-dealing, use the required care and preserve my existing estate plan with a high degree of care absent explicit authorization to modify it. To the extent reasonably possible, the Attorney-in-Fact must remain in regular contact with me, communicate with me and obtain and follow my instructions.

I additionally direct the Attorney-in-Fact to:

1. keep reasonably complete records of receipts, disbursements and material transactions undertaken for me;
2. keep my property reasonably identifiable and separate from the Attorney-in-Fact’s property, except property already lawfully held jointly;
3. provide records or an accounting to me upon my request and comply with any lawful court order for an accounting; and
4. communicate and account to a later-appointed guardian or conservator to the extent required by § 404.714.

Missouri law does not impose the prior draft’s universal 30-day accounting deadline or 15-day cure period. Under § 404.727, the Principal may petition for an accounting; if the Principal is disabled, incapacitated or deceased, specified representatives, adult family members and persons interested in the Principal’s welfare may petition.

8. Compensation and Reimbursement

Choose one:

☐ The Attorney-in-Fact shall serve without compensation but may reimburse properly documented expenses reasonably incurred within granted authority.

☐ The Attorney-in-Fact may receive compensation only as follows, plus properly documented authorized expenses: [RATE, FORMULA, APPROVAL PROCESS AND LIMITS].

☐ Neither compensation nor reimbursement is authorized except by later written agreement with me or court order.

9. No Automatic Duty to Exercise Authority

Under Mo. Rev. Stat. § 404.705.4, appointment alone does not require an Attorney-in-Fact to exercise authority. A duty to act arises only if the Attorney-in-Fact expressly agrees in writing to act in the relevant circumstances. Acting in one or more transactions does not itself obligate the Attorney-in-Fact to act in later transactions.

The optional written agreement in Section 14 should be completed deliberately. An Attorney-in-Fact who does not sign it may still elect to act, but has not made the express written agreement described there.

10. Guardian or Conservator

If a court later appoints a guardian or conservator for me, the Attorney-in-Fact must follow the instructions of the court or legal representative and must communicate and account concerning overlapping matters as required by § 404.714. The probate division may define how the legal representative and Attorney-in-Fact coordinate their respective authority under § 404.731.

11. Revocation and Termination

As between me and my Attorney-in-Fact, I may terminate or modify this power by informing the Attorney-in-Fact orally or in writing. A written, dated and signed notice delivered to the Attorney-in-Fact and affected third parties is strongly recommended. Missouri also permits a written notice of modification or termination to be recorded as described in § 404.717.1(3).

This power, or the authority of a particular Attorney-in-Fact, terminates as provided by § 404.717, including:

1. on any termination date or event expressly stated in this document;
2. when effective notice of my modification or termination is given or recorded under § 404.717;
3. at my death;
4. when a serving Attorney-in-Fact becomes unqualified; and
5. if my Attorney-in-Fact is my spouse, upon the filing of an action for divorce or dissolution of our marriage, unless I state otherwise below.

☐ I intend the filing of a divorce or dissolution action to terminate my spouse’s authority, as provided by the statutory default.

☐ I intend my spouse’s authority to continue despite such a filing. Missouri counsel must review this choice: [NAME OF SPOUSE-ATTORNEY-IN-FACT].

When an event terminates only one Attorney-in-Fact’s authority rather than the entire power, the next eligible successor named in Section 2 may serve as provided in § 404.717.2.

This document does not automatically revoke an earlier power. Choose one:

☐ I preserve earlier powers except to the extent they cannot operate consistently with this document.

☐ I will revoke the following earlier power by separate notice: [IDENTIFY POWER].

☐ I will revoke all earlier financial powers by separate notice, except: [IDENTIFY PRESERVED POWERS].

12. Liability and Judicial Relief

Under Mo. Rev. Stat. § 404.717.5, an Attorney-in-Fact who undertakes to act and causes loss through willful misconduct, fraud, willful disregard of this power’s purposes, terms or conditions, or intentional action after actual notice of revocation or termination may be liable for damages, reasonable attorney fees and punitive damages as allowed by law.

Under § 404.727, the probate division may order an accounting and, for a disabled or incapacitated Principal and good cause shown, may direct or restrain the exercise of authority, modify authority, terminate the power, remove an Attorney-in-Fact, confirm successor authority or grant other relief in the Principal’s best interests. Section 404.731 gives the probate division jurisdiction over specified matters involving an Attorney-in-Fact’s acts for a disabled, incapacitated or deceased Principal.

This document creates no liability cap, indemnity for breach, force-majeure release, invented cure period, mandatory arbitration, jury waiver, exclusive forum or general prevailing-party fee rule.

13. Principal’s Signature and Acknowledgment

I understand that this document grants broad financial authority but withholds the special powers described in Section 4. I sign it voluntarily.

Principal’s Signature: ______________________________________

Printed Name: [PRINCIPAL FULL LEGAL NAME]

Date: [MONTH/DAY/YEAR]

Notarial Acknowledgment

STATE OF MISSOURI

County of [COUNTY]

On [DATE], before me, the undersigned notarial officer, personally appeared [PRINCIPAL FULL LEGAL NAME], known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and acknowledged executing it for the purposes stated in it.

Signature of Notarial Officer: ______________________________________

Printed Name and Title: [NAME AND TITLE]

Commission Expiration: [DATE]

Official Seal:

14. Attorney-in-Fact Acknowledgment and Optional Agreement to Act

By signing below, I acknowledge receipt of this Durable Power of Attorney and understand that:

1. I may act only within the authority granted;
2. if I elect to act, I owe the duties described in § 404.714 and this document;
3. I must stop when I have actual or constructive notice that my authority has been suspended, modified or terminated; and
4. acknowledgment of the appointment alone does not create an express agreement to exercise authority in every circumstance.

Choose one:

☐ Acknowledgment only. I do not presently make an express written agreement to exercise authority.

☐ Express agreement to act. I expressly agree in writing to act for the Principal, when reasonably requested and able to do so, within this document and applicable law. Additional circumstances or limits: [TERMS].

Attorney-in-Fact’s Signature: ______________________________________

Printed Name: [NAME]

Date: [DATE]

Sources and References

• Mo. Rev. Stat. § 404.703 — Definitions
• Mo. Rev. Stat. § 404.705 — Durability, execution, recording and no automatic duty to act
• Mo. Rev. Stat. § 404.710 — General and specially authorized powers
• Mo. Rev. Stat. § 404.714 — Duties of Attorney-in-Fact
• Mo. Rev. Stat. § 404.717 — Modification, termination and liability
• Mo. Rev. Stat. § 404.727 — Accounting and protective proceedings
• Mo. Rev. Stat. § 404.731 — Probate-division jurisdiction

Current official Missouri statutes checked July 15, 2026. No 2025 or 2026 enacted amendment to §§ 404.705, 404.710 or 404.717 was identified in the official sources reviewed.