Missouri gives you two documents for the day you can't sign your own name: a durable power of attorney for money under Chapter 404, and a durable power of attorney for health care under the same chapter. Most adults need both.
Skip them and somebody still has to pay the mortgage, talk to the doctors and deal with the bank. In Adair County that means a guardianship or conservatorship case in the probate division of the circuit court, with filing fees, a public court file and weeks before anyone can act.
The financial power of attorney
A financial power of attorney names an agent, called your attorney in fact, to handle money and property: bank accounts, bills, taxes, real estate and benefits. Missouri governs it through the Durable Power of Attorney Law, Section 404.700 and the sections after it.
The word that matters is durable. A plain power of attorney stops working the moment you become incapacitated, which is the moment your family needs it. Under Section 404.705, the document survives incapacity only if it's titled "Durable Power of Attorney," says in substance that your agent's authority shall not terminate if you become disabled or incapacitated, and is signed, dated and acknowledged the way a deed is.
General powers cover a lot, but not everything. Section 404.710 lists powers your agent gets only if the document spells them out: making gifts, creating or changing a trust, changing beneficiaries or survivorship on accounts, disclaiming an inheritance and nominating a guardian or conservator, among others. Those are the powers that can move money or change who inherits, so Missouri wants them granted on purpose. If your long-term care plan depends on gifting, the document has to say so.
Don't sign a free online form and assume it covers this. Generic forms often skip the gifting and trust powers, and some miss the durable language itself.
Read more: Missouri power of attorney for finances · Missouri durable power of attorney
The health care power of attorney
Medical decisions need their own document, the durable power of attorney for health care. It names the person who speaks to your doctors when you can't.
Your agent doesn't take over the day you sign. Under Section 404.825, the agent's authority starts when two licensed physicians examine you and certify in writing that you're incapacitated. One of them can be your attending physician. The document can change that trigger, but at least one physician's certification is always required. When a physician certifies that you can decide again, the decisions come back to you.
Pair it with a HIPAA authorization, so the people you choose can get information before anyone has certified anything, and with a health care directive that tells your agent what you want at the end of life.
Read more: When a Missouri medical power of attorney starts · Health care power of attorney in Missouri · Why every Missouri adult needs a HIPAA authorization · Health care directives vs. living wills
When a power of attorney ends
A power of attorney ends when you die. From that moment your agent has no authority over anything, including the accounts they managed for years. What happens next belongs to your will, your trust and the probate court, which is why the power of attorney gets signed with the rest of your estate plan.
You can revoke a power of attorney while you have capacity. Put the revocation in writing and get it to every bank and provider that has a copy.
Two times families get caught without one
Parents of an 18-year-old. The day your child turns 18, you lose the legal right to see their medical records or manage their accounts, even if you pay for everything. A car wreck at college is when most families find out. Our Young Adult Legal Essentials plan covers the five documents a young adult needs, and what changes when your child turns 18 walks through the rest.
Aging parents. Once a parent loses capacity, it's too late to sign. The family's choice becomes guardianship and conservatorship under Chapter 475, with court supervision and annual reports. See power of attorney for elderly parents and our guardianship guide.
Getting it done
Nolan Law Firm drafts financial and health care powers of attorney as part of every estate plan, at a flat fee quoted up front, signed in one appointment at our Kirksville office. Reserve a meeting.