Power of attorney in Missouri: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Missouri, from Missouri law.

Checked against official sources: October 31, 2026.

Short answer

Durable Power of Attorney Law of Missouri

How to sign: Notarized
Durable unless it says otherwise?: No: it continues after incapacity only if it says so.
Uniform Power of Attorney Act: No

Words used in Missouri

In Missouri you name an attorney in fact in a power of attorney. It keeps working after you lose capacity only if it is called a 'Durable Power of Attorney', contains the statutory durability statement, and is notarized. Health care decisions are delegated in a durable power of attorney for health care, and a separate declaration states end-of-life wishes. A probate court can appoint a guardian (personal care) or conservator (money) if less restrictive alternatives will not work.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Durable power of attorney (Durable Power of Attorney Law of Missouri); a power of attorney that is not durable is also allowed
The person you choose: Attorney in fact
Health care: Durable power of attorney for health care
Treatment wishes: Declaration (living will declaration) directing withholding or withdrawal of death-prolonging procedures
Court-appointed decision-maker: Guardian (or limited guardian) of an incapacitated person; conservator (or limited conservator) of the estate of a disabled person

Law and official form

Law: Durable Power of Attorney Law of Missouri
Uniform Power of Attorney Act: No

Law: RSMo §§ 404.700-404.737

Signing rules

How to sign

For a power of attorney to be durable it must be called a 'Durable Power of Attorney', include a statement in substance like the one in the law that the attorney in fact's authority does not end if you become disabled or incapacitated, and be signed, dated and acknowledged (notarized) the way a real estate deed is. It does not have to be recorded to be valid, except where recording is needed for real estate transactions.

Who signs

Subscribed (signed) and dated by you.

Notary

Required

Witnesses

None required

Agent's acknowledgment

No signed acceptance is required. An attorney in fact has no duty to act unless they expressly agreed in writing to act for you.

Law: RSMo 404.705.4

Law: RSMo § 404.705

Durable and springing

Is it durable?

A power of attorney is durable only if it is titled 'Durable Power of Attorney', contains the durability statement required by RSMo 404.705.1, and is signed, dated and notarized. Otherwise, the attorney in fact's authority is suspended while you are disabled or incapacitated.

Law: RSMo 404.705, 404.714.6

Durable unless it says otherwise?

No: it continues after incapacity only if it says so.

Starting later (springing)

The power of attorney can say that the authority will not be used until, or will end on, a future event, condition or contingency, determined in the way the document prescribes.

Law: RSMo 404.714.8

What an agent can and cannot do

Needs express permission

Execute, amend or revoke a trust agreement
Fund a trust you did not create with your assets
Make or revoke a gift of your property
Disclaim a gift or inheritance, or disclaim or release a power of appointment
Create or change survivorship interests in your property (bank withdrawals from joint accounts are allowed under a general power)
Designate or change beneficiaries who receive property at your death
Consent to or refuse an autopsy
Make or refuse an anatomical gift, or exercise the right of sepulcher
Nominate a guardian or conservator for you
Make health care decisions (under the Durable Power of Attorney for Health Care Act)
Name substitute, successor or additional attorneys in fact
Exercise, release or amend a power of appointment

No power of attorney can

No power of attorney can let the attorney in fact make, amend or revoke your will; make, change or revoke your living will declaration; force you to do or not do something against your will; or do anything you specifically forbade while you had capacity.

Law: RSMo 404.710.7

Law: RSMo § 404.710.6

Agent duties, pay and court review

Agent duties

Act in your best interests, avoid self-dealing and conflicts of interest (a fiduciary duty like a trustee's)
Keep your estate plan in place unless explicitly authorized to change it
Use the care of a prudent person handling another's affairs; invest under the Missouri prudent investor act
Keep in regular contact with you and follow your instructions where reasonably possible
Keep your property and accounts separate and clearly identified as yours
Follow court or guardian/conservator instructions if a legal representative is appointed

Agent pay

Subject to the power of attorney and any separate agreement, the attorney in fact is entitled to reasonable compensation and reimbursement of reasonable expenses.

Law: RSMo 404.725

Asking a court to review an agent

You can ask the probate division of the circuit court for an accounting. If you are disabled, incapacitated or deceased, your legal representative, an adult family member or anyone interested in your welfare can ask. The court can order, limit, suspend or end the power of attorney, remove the attorney in fact, or appoint a successor.

Law: RSMo 404.727, 404.731

Law: RSMo §§ 404.712, 404.714

When it ends and how to revoke it

How to revoke a power of attorney in Missouri

Official forms in Missouri

Forms published by the state or its courts. You open them on the official site.

Health care directive

Declaration (sample living will form in RSMo 459.015.3) · Published by Missouri Revisor of Statutes (official statute text; the sample form is printed in the section) · Version: Statutory sample form, RSMo 459.015 (effective August 28, 1985)

Living will

Declaration

Good to know in Missouri

A Missouri power of attorney is NOT durable unless it is titled 'Durable Power of Attorney', contains the statutory durability statement and is notarized.
Law: RSMo 404.705
A health care attorney in fact can stop tube feeding or IV fluids only if you specifically granted that power.
Law: RSMo 404.820
Unless you say otherwise, two physicians must certify your incapacity before your health care attorney in fact can act.
Law: RSMo 404.825
Filing for divorce ends your spouse's authority as attorney in fact unless the power of attorney says otherwise.
Law: RSMo 404.717.1(6)

Free help in Missouri

Report abuse or exploitation

Missouri Department of Health and Senior Services - Adult Abuse and Neglect Hotline · 1-800-392-0210

Questions about powers of attorney in Missouri

What is a power of attorney called in Missouri?

Durable power of attorney (Durable Power of Attorney Law of Missouri); a power of attorney that is not durable is also allowed. In Missouri you name an attorney in fact in a power of attorney. It keeps working after you lose capacity only if it is called a 'Durable Power of Attorney', contains the statutory durability statement, and is notarized. Health care decisions are delegated in a durable power of attorney for health care, and a separate declaration states end-of-life wishes. A probate court can appoint a guardian (personal care) or conservator (money) if less restrictive alternatives will not work.

Does a power of attorney have to be notarized in Missouri?