Difference between revisions of "Powers of Attorney in Missouri"
Davidjenkins (talk | contribs) (Created page with "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 even...") |
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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. | 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. | ||
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| + | Attorney-in-fact | ||
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| + | 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) | ||
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| + | Durable powers | ||
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| + | Missouri has a statute based upon the Uniform Durable Power of Attorney Act. (Section 404.700 Missouri Revised Statutes) | ||
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| + | Recording | ||
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| + | 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. | ||
Revision as of 06:28, 4 August 2018
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.
