Anyone who begins the estate planning process, or assists a loved one in doing so, needs to understand the different types of power of attorney and how they operate according to state and local laws. In Missouri, power of attorney gives someone the legal authority to act on behalf of someone else. The Show-Me State also recognizes several powers of attorney, each serving distinct purposes and offering varying levels of authority in managing financial matters, making healthcare decisions, or handling specific transactions. A financial advisor can help you choose the right power of attorney for your financial goals and estate planning needs.
How a Power of Attorney Works in Missouri
A power of attorney (POA) in Missouri is a legal document that grants one person, known as the agent, the authority to act on behalf of another person, referred to as the principal. This arrangement typically occurs when the principal is unable to manage their affairs themselves due to illness, absence, or incapacity. In Missouri, the POA can be tailored to meet specific needs, whether it’s a general POA that covers a broad range of activities or a limited power of attorney that restricts the agent’s authority to specific tasks.
To establish a POA in Missouri, the principal must be of sound mind and capable of understanding the implications of the document. The process involves drafting a written document that clearly outlines the powers granted to the agent that is signed by the principal and, in most cases, notarized.
In Missouri, the principal can revoke or change a POA at any time if they are mentally competent. This is done by creating a written statement canceling the current POA and sharing it with all relevant parties. An estate planning attorney can help make sure the process is done correctly.
5 Types of POAs You Can Create in Missouri
In Missouri, there are several types of power of attorney (POA), each designed for specific purposes and situations. Understanding these options can help you choose one that meets your legal, financial and medical needs. Here are five to consider:
- Durable power of attorney: This type of POA remains in effect even if you become incapacitated. It is ideal for long-term planning, ensuring that your financial and legal affairs are managed without interruption.
- Non-durable power of attorney: Only valid while you are mentally competent, this is typically used for short-term needs, such as handling a specific transaction or managing affairs while you are temporarily unavailable.
- Limited power of attorney: This POA is useful for delegating responsibilities like selling a house or managing investments. It allows you to maintain control over other aspects of your life while entrusting specific duties to someone else.
- Springing power of attorney: This type of POA becomes effective only under certain conditions, such as your incapacitation. It provides flexibility, and outlines the exact circumstances under which your agent’s authority is activated.
- Medical power of attorney: This POA allows you to appoint someone to make healthcare decisions on your behalf if you are unable to do so. It’s essential for ensuring that your medical preferences are respected and that someone you trust is advocating for your health care needs.
When You Might Need a POA in Missouri
Here are four common reasons why you may want to create a POA in Missouri:
- Incapacity planning. A POA can allow you to appoint someone you trust to handle important decisions if you become incapacitated. This includes managing finances, paying bills, or making investments. Without a POA, your loved ones may face legal delays and expenses to gain authority over your affairs.
- Flexibility in decision-making. You can customize a POA to grant authority for specific tasks or set conditions for when it becomes active. This allows you to address planned absences or unexpected situations effectively.
- Simplification of complex tasks. A POA can delegate responsibilities such as managing investments, selling property, or running a business. This ensures that these matters are handled efficiently in your absence or inability to act.
- Prevention of family disputes. By appointing a trusted agent through a POA, you clarify who has the authority to make decisions. This can reduce potential conflicts among family members and provide clear direction for managing your affairs.
Bottom Line
Understanding the types of power of attorney in Missouri is key to effective estate planning. Choosing the right one depends on your needs and the authority you want to grant. A legal professional can help you make informed decisions that protect your interests and fit your goals.
Tips for Estate Planning
- A financial advisor can provide valuable guidance when drafting a POA so that it aligns with your specific needs and circumstances. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
- While it may be tempting to save some money and plan your estate by yourself, you should still be careful with these DIY estate planning pitfalls.
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