A stroke. A car accident. Sudden hospitalization. Any of these can leave you unable to manage your finances or make medical decisions by tomorrow morning. Without a durable power of attorney already in place, your family’s only option is to ask a probate court to appoint a conservator. This process is public, slow, and costs money that your family doesn’t need to spend. Durable power of attorney avoids all of this.
The Difference Between a General POA and a Durable One
A general power of attorney allows you to appoint someone you trust – your “attorney-in-fact” – to act on your behalf for a specific purpose. Closing a real estate deal while traveling is a common example. However, the catch is that a general POA typically ends when you become incapacitated, which is exactly when your family needs it the most.
A durable power of attorney closes that gap. Under RSMo §404.705, Missouri’s Durable Power of Attorney Law, a power of attorney survives your disability or incapacity only if the document contains specific durability language. The statute requires wording stating the authority “shall not terminate or be void or voidable” if you become disabled or incapacitated. Leaving that language out and the document is not durable, regardless of what you title it.
Two Kinds, Two Jobs
Missouri recognizes two separate durable powers of attorney. Most estate plans include both.
A Durable Power of Attorney for Health Care allows your attorney to make medical decisions on your behalf when you are unable to communicate them yourself. This is governed by Missouri’s Durable Power of Attorney for Health Care Act (RSMo §404.800 – §404. 865). Your agent can consent to or refuse treatment, choose providers and access your medical records – but only if you are unable to make these decisions yourself.
A Durable Power of Attorney covers everything else, including paying your mortgage, managing investment accounts, filing tax returns, and handling real estate transactions. The scope of the power of attorney is set by §404.710 of the RSMo, which allows you to grant broad general powers or limit your agent’s authority to specific tasks. In either case, your agent must act in accordance with the fiduciary standard and legally act in your best interests rather than their own interests.
Where People Get This Wrong
A few common mistakes often appear in Missouri Power of Attorney (POA) documents, and any of these can lead to your family getting stuck in court:
- Using outdated language: Missouri’s POA laws have been updated several times, and a form drafted years ago might not include the current wording required by §404.705, which means it might not be valid if you become incapacitated.
- No gifting authority: An agent cannot give away your property, even if it’s for their own benefit or that of another family member, unless the document specifically allows it. This is important for Medicaid planning and tax purposes.
- No authorization for digital assets: Your agent generally cannot access email, online bank accounts, or cloud storage without specific permission in the document.
- Skipping the statutory short form: RSMo §404.717 offers a model short form POA, and banks and brokerages often prefer documents that closely follow it. Customized documents may face resistance, even if they’re technically correct.
Ending a Durable Power of Attorney
You don’t need a judge to create or end durable power of attorney. As the principal, you can revoke it at any time in writing while you’re competent. Under §404.714 of the RSMo, authority also ends on your death automatically, and divorce usually revokes a spouse’s power unless the document says otherwise. Missouri doesn’t require recording of revocation, but you do need to notify your agent and any banks or other institutions relying on the document.
What This Means for Your 2026 Estate Plan
A durable power of attorney is useful because it removes uncertainty about who will act for you if you are unable to act for yourself while you are still healthy. If you skip this step, your spouse or adult children may need to petition for a conservatorship, which can take months and put your private affairs before a judge.
Mark Harford has helped families in the Chesterfield area put durable powers of attorney in place, which hold up when they are actually needed, rather than just on the day they are signed. If you do not have one or yours predates current statutory language, contact Mark Harford Law for advice on where you stand.