---
type: Authority
title: RSMo §§404.705, 404.710 (durable power of attorney)
description: Missouri's Durable Power of Attorney Law, governing how to create a power of attorney that survives the principal's incapacity and how general powers are granted.
resource: https://revisor.mo.gov/main/OneSection.aspx?section=404.705
tags: [power-of-attorney, durable-poa, incapacity, missouri]
timestamp: 2026-06-22
jurisdiction: Missouri
author: Patrick Nolan
authority_type: statute
citation: RSMo §§404.705, 404.710
---

# Summary

RSMo §§404.705 and 404.710 are the core of Missouri's Durable Power of Attorney Law. A durable power of attorney lets an agent act for the principal and, when properly denominated, keeps that authority in force even after the principal becomes incapacitated. This is the document that lets a family avoid a guardianship.

# Operative text

Paraphrased: §404.705 sets how a durable power of attorney is created and the specific language that makes the agent's authority survive the principal's disability or incapacity. §404.710 governs powers of attorney that grant general powers to the agent. A power of attorney that only takes effect on incapacity (a springing power) is not an effective planning tool in Missouri; the durable form is the workable one. Read the full sections at the official source linked above.

# Decision rule

If you want someone to manage your affairs should you become incapacitated, use a durable power of attorney denominated under §404.705; do not rely on a springing power of attorney, which is ineffective in Missouri.

# Related

- [Powers of Attorney](/okf/elder-law-medicaid/powers-of-attorney.md)
- [RSMo Chapter 475 (guardianship and conservatorship)](/okf/authorities/missouri/rsmo-475-guardianship-conservatorship.md)
- [Powers of Attorney (Estate Planning)](/okf/estate-planning/powers-of-attorney.md)
- [The Six Core Documents](/okf/estate-planning/core-documents.md)
- [The YALE Plan](/okf/estate-planning/yale-plan.md)
- Official source: https://revisor.mo.gov/main/OneSection.aspx?section=404.705