Missouri’s durable power of attorney isn’t just paperwork—it’s a legal tool that puts someone you trust in charge of your money and property if you can’t handle those tasks yourself. A DPOA stays in place even if you become mentally or physically unable to make decisions. A general power of attorney stops at incapacity; a durable power of attorney picks up exactly when you need it most.
How DPOA Works in Missouri
You (the principal) must be at least 18 and mentally competent when you sign. The document must explicitly state it is durable—language like “This power of attorney shall not be affected by my disability or incapacity” must appear. This requirement comes directly from Section 404.705 of the Missouri Revised Statutes. Missouri DPOAs cover financial matters: bank accounts, bills, taxes, Social Security, property management, and legal proceedings. They do not cover healthcare—that requires a separate document.
Powers You Can Grant in a Missouri DPOA
The scope is wide as long as you specify it in writing. Common Missouri DPOA grants include authority to sell, buy, or rent real estate; manage bank accounts and investments; pay bills and debts; file taxes; pursue or defend lawsuits; and manage government benefits including Social Security and Medicaid. If you want someone making medical decisions, you need a healthcare power of attorney or advance directive—a completely separate document under Missouri law.
Requirements for a Valid Missouri DPOA
Missouri requires the DPOA to be in writing, signed by you while competent, notarized, and to include explicit durability language stating it survives incapacity. Witnesses are not legally required for financial DPOAs, though banks sometimes prefer them. Generic online templates often miss critical elements—working with an estate planning attorney ensures the document holds up. See also our guide on Missouri DPOA forms.
Effective Date and Revocation
Missouri DPOAs typically take effect immediately upon signing and notarization, unless you specify a “springing” trigger tied to certified incapacity. You can revoke a DPOA any time you have capacity by signing a written revocation and notifying relying parties—especially banks—in writing. The DPOA ends automatically at your death, or if a court appoints a conservator. Missouri automatically revokes a spouse’s DPOA upon divorce unless the document provides otherwise.
Your Agent: Duties and Protections
Your agent must be at least 18 and owes you a fiduciary duty: act in your best interest, keep accurate records, never co-mingle assets, and avoid conflicts of interest. If an agent abuses their authority, Missouri law provides legal remedies. The Missouri Secretary of State tracks and investigates financial exploitation and POA abuse.
When Banks or Third Parties Resist
Missouri law requires banks and other third parties to honor a valid DPOA, but institutional resistance is common. Certified copies, a formal agent acceptance statement, or legal counsel’s intervention resolves most issues. For property or accounts in other states, additional verification or apostille documentation may be required.
Why Legal Drafting Matters
Patrick Nolan of Nolan Law Firm in Kirksville, Missouri drafts DPOAs that work the first time—clear agent authority, successor agent provisions, explicit scope, and alignment with the client’s full estate plan. Call (660) 956-4502 or reach out at nemolegal.com/contact.
Frequently Asked Questions: Missouri Durable Power of Attorney
What is a durable power of attorney in Missouri?
A Missouri durable power of attorney (DPOA) is a legal document authorizing a trusted person—your agent—to manage your financial affairs and property on your behalf. It remains valid even if you become mentally or physically incapacitated, unlike a general POA which terminates at incapacity. Authority is governed by RSMo §404.700–404.735.
How do I make a Missouri durable power of attorney valid?
A Missouri DPOA must be in writing, signed while you are at least 18 and mentally competent, and notarized. It must include explicit language—such as ‘This power of attorney shall not be affected by my disability or incapacity’—as required by RSMo §404.705. Witnesses are not legally required for financial DPOAs, though some institutions prefer them.
What powers can a Missouri DPOA agent exercise?
A Missouri DPOA agent can manage bank accounts, pay bills, file taxes, handle real estate transactions, manage Social Security and Medicaid matters, and pursue or defend lawsuits—only the powers specifically granted in the document. Financial DPOAs do not cover healthcare decisions; a separate healthcare power of attorney is required for medical authority.
Can I revoke a Missouri durable power of attorney?
Yes. While you have legal capacity, you can revoke a DPOA at any time by signing a written revocation and notifying all relying parties, especially banks and financial institutions. Missouri law automatically revokes a spouse’s DPOA upon divorce unless the document states otherwise. The DPOA terminates automatically at your death.
Does Missouri require an official DPOA form?
No. Missouri does not mandate a state-issued DPOA form. However, poorly drafted documents are frequently rejected by banks or challenged in court. Patrick Nolan of Nolan Law Firm in Kirksville, Missouri drafts DPOAs tailored to each client’s full estate plan to ensure the document holds up when needed.
What happens if a Missouri bank refuses to honor my DPOA?
Missouri law generally requires third parties including banks to honor a valid DPOA. If a bank refuses, you may request a written explanation and pursue legal remedies. Providing certified copies or a formal agent acceptance statement prepared by your attorney usually resolves institutional resistance before it requires legal action.
