Signing Over Authority
Mo. Rev. Stat. § 404.705 — the durable words, a date and an acknowledgment
In Missouri, a written power of attorney survives the principal's disability or incapacity only if it is called a "Durable Power of Attorney", includes a provision stating in substance that the attorney in fact's authority does not end on disability or incapacity, and is subscribed by the principal, dated, and acknowledged in the manner the law prescribes for conveyances of real estate.
No duty to act unless agreed in writing. A person named attorney in fact under a durable power of attorney has no duty to use the authority, even once the principal is disabled, unless the person has expressly agreed in writing to act. Acting in one transaction does not obligate them to act in the next.
A durable power of attorney need not be recorded to be valid between the principal and the attorney in fact or third persons, except as recording may be required for real estate transactions.
An attorney in fact who elects to act must act in the principal's interest, avoid self dealing and conflicts of interest as a trustee would, and use the care of a prudent person handling another's affairs. Without explicit authorization, they take a high degree of care to keep the principal's estate plan in place, including beneficiary designations, joint ownership, trusts and wills.
Contact and instructions. As far as reasonably possible, the attorney in fact keeps in regular contact with the principal and obtains and follows the principal's instructions. Under a power of attorney that is not durable, the authority is suspended while the principal cannot receive or evaluate information or communicate decisions.
| The assumption | What the law actually does |
|---|---|
| The assumptionAny power of attorney survives incapacity | What the law actually doesOnly one called durable, with the provision the section requires |
| The assumptionNaming someone obliges them to act | What the law actually doesNo duty to act unless they agreed in writing |
| The assumptionThe agent can rearrange things as they see fit | What the law actually doesA high degree of care to keep the estate plan unchanged, absent explicit authorization |
| The assumptionIt has to start the day it is signed | What the law actually doesIt can be written to start, or end, on a future event, as the document prescribes |
On the principal's death the attorney in fact answers to the court and the personal representative, and hands over the principal's property and the records the estate needs. Health care decisions and the general powers a document may grant run under their own sections. Drafting, limiting or challenging one is a matter for a licensed Missouri attorney.
Sources for this section (2)
- Mo. Rev. Stat. § 404.705 — Durable power of attorney: requirements and effect
- Mo. Rev. Stat. § 404.714 — Duties of attorney in fact
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.