Do I Need a Power of Attorney in Missouri?

A general power of attorney provides great value and is an important part of estate planning.

A “power of attorney” document grants another person the authority to act on someone’s behalf. In other words, someone can execute a document and effectively grant to another person (perhaps a spouse, family member or close friend) the authority to take certain actions for them. The person signing the document (the “principal”) does not typically give up their own right to take these actions, but rather grants an additional right to the other person (the “attorney-in-fact”). The actions and authorities directed by a power of attorney document often include things such as managing financial accounts, writing checks, handling particular business matters, interacting with government offices and handling real estate. The scope of a power of attorney can be much broader than these examples, but it can also be much narrower. A well-drafted power of attorney implements what is most appropriate and desired in the given circumstances.

Powers of attorney can be structured to be effective “immediately” (right away after the document is signed) or can be instead structured as a “springing” power of attorney - meaning the granted authority only becomes active upon the occurrence of a future circumstances (typically the principal becoming mentally incapacitated). Additionally, naming successor (secondary) individuals to serve as attorney-in-fact can be crucial in the event the primary named individual is unable to serve.

An effective estate plan in Missouri nearly always includes a general power of attorney. The particulars of such a document can be carefully crafted to match the needs, circumstances and wishes of each client.