Missouri Power of Attorney Requirements & Free Form

Missouri requirements

• Missouri has not adopted the Uniform Power of Attorney Act. RSMo sections 404.700 to 404.735 are cited as the Durable Power of Attorney Law of Missouri, and section 404.705 sets the requirements for creating a durable power of attorney.
• To be durable, the document must be denominated a 'Durable Power of Attorney' and include a provision stating in substance that the agent's authority does not terminate if the principal becomes disabled or incapacitated.
• The power of attorney must be subscribed by the principal, dated, and acknowledged in the manner prescribed by law for conveyances of real estate, which means signing before a notary public.
• Section 404.705 requires notarization but does not add a witness requirement.
• Recording is not required for the document to be valid, except for transactions affecting real estate under RSMo sections 442.360 and 442.370.

Frequently asked questions

Does Missouri require a power of attorney to be notarized?

Yes. RSMo 404.705 requires a durable power of attorney to be subscribed by the principal, dated, and acknowledged in the manner used for real estate conveyances, which means notarization.

Is a Missouri power of attorney durable by default?

No. It must be titled a 'Durable Power of Attorney' and contain statutory durability wording stating the authority survives the principal's disability or incapacity; otherwise the authority can lapse on incapacity.

Official sources

• https://revisor.mo.gov/main/OneSection.aspx?section=404.700
• https://revisor.mo.gov/main/OneSection.aspx?section=404.705