Powers of Attorney in Missouri

Cross-References

• Missouri
• Powers of Attorney

Missouri has a durable power of attorney law. (Section 404.700 Missouri Revised Statutes) It provides that the authority of the attorney-in-fact does not terminate in the event that the principal becomes disabled or incapacitated. If the power of attorney is to be used for the conveyance of real estate, it must be recorded in the county in which the real estate is located, and a legal description needs to be attached to the power of attorney.

Attorney-in-fact

An "attorney-in-fact" is defined by statute as being an individual or corporation appointed to act as agent of a principal in a written power of attorney. (Section 404.7030 Missouri Revised Statutes)

Durable powers

Missouri has a statute based upon the Uniform Durable Power of Attorney Act. (Section 404.700 Missouri Revised Statutes)

Recording

A power of attorney, which is used to convey real estate, must be recorded in the county in which the real estate is located. A legal description of the real estate to be conveyed must be attached to the power of attorney. There is no requirement for recording an affidavit along with any instrument recorded. There is no case law to establish the proposition that recording an affidavit that the attorney-in-fact is not aware of any revocation of the power or the death of the principal establishes a presumption that the exercise of the power was valid.

MO Rev Stat § 442.360.

Powers of attorney, how acknowledged and proved.

442.360. Every letter of attorney or other instrument containing a power to convey real estate, as agent or attorney for the owner thereof, or to execute, as agent or attorney for another, any instrument in writing conveying real estate, or whereby real estate may be affected in law or equity, shall be acknowledged or proved, and certified and recorded, as other instruments in writing conveying or affecting real estate are required to be acknowledged or proved and certified and recorded.