Who is that one person you can trust to make sound decisions and act according to your wishes should you lose consciousness today? Do you have their name and what they should do in writing?
The truth is, even the most trustworthy person can go against your wishes or act in their best interests when you cannot control that part of your life. That means that you should prepare a document with their name and yours, and then sign it to show that both parties agree to the terms of the document and that the agent agrees to take on the responsibilities given.
The document one signs for this transfer or power or obligations is a power of attorney (POA). In the document, the person granting the power is the principal while the person or organization taking power is the attorney-in-fact or the agent.
Wondering what happens when you hand over power and the other person doesn’t act as well as they should, or how vulnerable you will feel handing over control over all your affairs to one person? Well, you shouldn’t worry as much because the POA document doesn’t require that you hand over control over all your affairs in one document. You will come across different document s which will let you give a limited or broad authority. You can give one agent control over your medical care and another temporary control over your child if you will be traveling for some months. Just make sure that you indicate whether the agents will be required to act separately or jointly. You can be as specific as you wish.
The other protective feature is that you should opt for the springing powers of attorney when looking for your free power of attorney form in Missouri. The springing powers of attorney mean that the powers you grant the agent only become executable when you are incapacitated, disabled, or unavailable.
Now that we’ve cleared the air, which are the main types of powers of attorney in the state of Missouri?
Missouri Durable Power of Attorney Laws
The durable POA is a document which you use to give your appointed agent authority to make tough health care plus end of life decisions for you when you are unconscious and unable to make those decisions for yourself.
During the signing of this document, you must be acting with a sound mind. The document is invoked when you are unable to make the tough decisions.
For it to be enforceable, the document must be signed with at least 2 adult witnesses present. It is, however, revocable at any time. The document should also be clear on the fact that the DPOA will not terminate in the event of the principal’s incapacitation or disability.
Also, the authority granted is only enforceable once 2 licensed medical physicians certify the principal’s incapacitation.
With your free Missouri power of attorney form ready for filling, just note that the state requires that any unwilling physician arranges for the transfer of the patient to a different doctor or medical facility.
The requirements for the durable POA in Missouri are covered in section 404.800, et seq. of the DPOA.
In the laws, the specific powers of the agent include making health care decisions whether the agent can authorize withdrawal or withholding of medical procedures and artificial life-sustaining hydration and nutrition.
Revocation. The document is revocable in any manner used by the principal to communicate their intention to revoke the DPOA.
Unwillingness: if an attending physician is unwilling to act in accordance with the requirements of the POA, they should not stop the agent from transferring the patient to a willing attending physician or healthcare facility.
Acting in good faith: if an attending physician or another third party acts in good faith, they might have to rely on the agent’s instructions, but they will not be liable to the patient or their heir’s interests.
Missouri Limited POA Law
This legal document gives a principal the power to authorize an agent to take care of specific things on their behalf when they are incapacitated or unavailable. The limited POA will allow the agent to only act on specific matters when a principal is unavailable.
The powers granted are revocable by the issuance of a revocation notice by the principal to the agent and the third parties following the directives of the agent. Issuing the notice to the third parties is crucial to ensure that nothing happens contrary to your orders.
Missouri POA For Bank Account Matters Law
This document gives an agent specific powers to control or facilitate bank transaction in place of the principal. The authority granted is in effect unless the principal revokes the orders issue by sending a written revocation notice to the agent and third parties involved.
If you are a resident of Kansas City, St. Louis, Springfield, Columbia, Independence, Lee's Summit, O'Fallon, St. Joseph, St. Charles or any other city of Missouri and you are looking for the free power of attorney forms, ours are freely available online. Get yours now!