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How do I create a power of attorney in Missouri?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Missouri's POA framework is comprehensive but pre-dates and remains separate from the UPOAA.

1. Governing Law

Mo. Rev. Stat. §§ 404.700-404.737 (Missouri Durable Power of Attorney Law). Healthcare provisions at §§ 404.800-404.872 (Durable Power of Attorney for Health Care and Health Care Decisions Act).

2. Types

  • General vs limited.
  • Durable vs non-durable.
  • Springing — permitted under § 404.705.
  • Healthcare — separate at §§ 404.820-404.825.

    • 3. Statutory Form

    Missouri does NOT provide a single statutory short form for property POAs. § 404.710 enumerates powers that may be granted; § 404.825 provides a healthcare POA form.

    4. Execution Formalities

    Under Mo. Rev. Stat. § 404.705, a POA must be in writing, signed by the principal (or by another in principal's presence at principal's direction) and acknowledged before a notary public. No witnesses required for the financial POA. Healthcare POA under § 404.810 requires either two witnesses OR notarization.

    5. Durability

    A POA is durable when it contains the words "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 similar (§ 404.705.7). NOT automatically durable.

    6. Acceptance by Third Parties

    Mo. Rev. Stat. § 404.719 protects third parties acting in good-faith reliance. Section 404.717 requires that a properly executed durable POA shall be recognized by third parties; refusal exposes the third party to potential damages and attorney fees. Recording required for real estate.

    7. Revocation

    Principal may revoke in writing at any time (§ 404.717). Written notice to agent and third parties. Record revocation in the County Recorder's Office if the POA was recorded. Death, divorce of spouse-agent (per § 404.717.6), or court-appointed conservator terminates.

    8. Special Authorities

    Section 404.710.6 requires specific grant for gifts, trust creation/amendment, beneficiary designations, and changes to survivorship rights. General language is insufficient.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Bank refuses POA and recognition remedy under § 404.717 is needed
    • MO HealthNet (Medicaid) planning requires gifting authority
    • Suspected agent breach of fiduciary duty
    Related Statutes & Laws
    • Mo. Rev. Stat. § 404.700
    • Mo. Rev. Stat. § 404.705
    • Mo. Rev. Stat. § 404.710
    • Mo. Rev. Stat. § 404.717
    • Mo. Rev. Stat. § 404.719
    • Mo. Rev. Stat. § 404.810
    • Mo. Rev. Stat. § 404.825

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.