A power of attorney, also referred to as an attorney-in-fact, is one of the most important tools in any estate plan. It gives someone you trust the authority to make financial matters or healthcare decisions on your behalf if you become unable to do so yourself. Without this document in place, families often face delays, confusion, and court involvement during already stressful situations.
At the Law Office of David S. Schleiffarth, LLC, we help individuals and families across the St. Louis area create clear, legally sound estate plans with the expertise of local attorneys that reflect their goals and values. In this article, we walk through the key steps to preparing a valid legal document in the form of a power of attorney in Missouri, ensuring you understand the legal authority involved, and explain how thoughtful planning today can protect you in the future.
Step 1: Decide the Type of Power of Attorney You Need
There are four common POA types, including springing power, and each serves a different purpose: general, limited power, durable, and springing. A general POA gives broad financial powers for financial and legal matters, which is handy if you are traveling or want someone to manage day-to-day transactions. A limited POA grants power for a set task or short window, like signing closing papers on a home while you are out of town.
A durable power of attorney stays effective if you become incapacitated, which is vital for long-term care planning under Missouri law. A springing POA starts only when a defined event occurs, such as a physician’s determination that you cannot manage your affairs, which may involve the exercise of medical powers. Your goals, health, and family setup should drive the choice, not a template.
POA Types at a Glance
| Type | What it allows | When it starts | Good fit for |
| General | Broad financial and legal power | Usually at signing | Convenience during travel or busy periods |
| Limited | Authority for a particular task or time | At signing or stated date | One-time deals, like a real estate closing |
| Durable | Continues if you become incapacitated | At signing or stated date | Long-term care planning and continuity |
| Springing | Activates after a trigger event | Upon a defined trigger, often incapacity | Those who want power only if it is truly needed |
Once you land on the right format for real estate transactions, you are ready for the most personal decision in the whole process: choosing the person who will act for you.
Step 2: Choose the Right Person to Act as Your Agent
Your agent’s authority accepts a fiduciary duty to put your interests first and must act in good faith throughout their duties. That means careful recordkeeping, avoiding conflicts, and following your instructions with care, especially on medical wishes if you also use a health care POA. Pick someone who treats this like real work, not a casual favor.
Look for these traits when naming an agent or backup agent:
- Trustworthy, steady, and comfortable with money decisions.
- Good communicator who respects your values, including your health care preferences.
- Organized, responsive, and willing to ask questions rather than guess.
It is smart to name one or more substitute agents or a successor agent in case the first person cannot serve. In Missouri, an agent must be an adult of sound mind, and it’s advisable to name a third person as a backup. For health care decisions, avoid naming your attending physician or certain facility staff since state rules can bar them from serving.
With your agent chosen, the next task is describing exactly what they can and cannot do. Clarity here prevents family friction later.
Step 3: Clearly Define the Powers Being Granted
Your POA can be broad or narrow. Some people want full authority over their financial affairs. Others prefer a short list of powers. You control the scope with plain instructions regarding tax matters that leave little room for guesswork.
Common powers on financial, legal, and health-related tasks include:
- Managing bank and investment accounts, paying bills, and filing taxes.
- Handling real estate matters, including sales, leases, or maintenance.
- Accessing medical records, consenting to treatment, and following your health care directive.
Avoid vague wording like “handle my affairs” without details, including actions specifically forbidden. Spell out any limits, like no gifts above a set amount or no changes to beneficiary designations, unless you want that flexibility for Medicaid or tax planning. Precise language protects you from abuse and helps third parties, including those reviewing financial statements, understand the agent’s role.
Once your powers are set, you are ready to put those rules into a document that meets Missouri standards.
Step 4: Draft the Document According to State Laws
Missouri law controls how POAs are written and signed. You will see the rules in the Missouri Revised Statutes, Chapter 404. Chapter 404 covers durable powers, financial authority, and health care decisions, along with rules for agents and third parties.
To stay compliant, include the basics in your POA. List each item clearly and keep the document readable:
- Names and addresses of you, the principal, and your agent, plus any alternate agent.
- Scope of authority, with any limits or instructions.
- Effective date and whether it is durable or springing.
- Duration or end date, if not durable.
- Signatures with proper acknowledgement.
Missouri financial POAs are typically notarized. Health care POAs and related directives often use either two adult witnesses or a notary. If your agent will sign real estate deeds, title companies often want the POA recorded with the county. A St. Louis area attorney can draft the form to fit your goals and comply with Chapter 404.
Once your POA is valid on paper, availability matters. People need to be able to find it fast, especially in emergencies.
Step 5: Distribute and Store the Document Safely
Share copies so your agent can act without delay. Third parties are more likely to cooperate when they have a copy on file and do not have to guess about your wishes.
Who should get copies:
- Your agent and alternate agent.
- Your bank, investment advisor, and insurance carriers.
- Your primary care doctor and any professional, plus the hospital you use.
Store the original in a safe but reachable place, like a home safe or a clearly labeled folder with your estate plan. Tell your agent where it is, as it pertains to managing the principal’s assets. Keep digital scans of your POA, too, in case you need to email a copy to a banker dealing with your bank accounts or clinic. If your life changes, such as marriage, divorce, a move, or a major diagnosis, update your POA so it still reflects what you want.
With these five steps, you have the building blocks. The final piece is confidence, knowing your plan will work when it is needed most.
Step 6: Consider Coordinating Your POA with Other Estate Planning Documents
A power of attorney works best when it aligns with your broader estate plan and takes into account the principal’s death. If your POA gives your agent the authority granted to manage finances, but your will or trust assigns those responsibilities to someone else, it can create confusion or conflict. Consistency across documents helps avoid delays and disputes, especially in the event of the principal’s death.
Here are key coordination points to review:
- Make sure the agent named in your POA does not conflict with fiduciaries named in your will or trust.
- Align medical directives in your POA with your living will or advance directive.
- Check that your POA supports your long-term financial and tax strategy, especially if you are planning for Medicaid or gifting.
An estate planning attorney can help you review all of your documents to confirm they work together smoothly. This small step can prevent larger issues down the road.
Step 7: Revisit and Update Your POA as Life Changes
Creating a power of attorney is not a one-time task, but you should also consider how it complements your living will declaration. Life circumstances change, and your POA should reflect those changes, including any attorney granting general powers. A move to another state, a divorce, a falling out with your agent, or a shift in your health or finances may call for a revision.
You should consider reviewing your POA every few years, especially when:
- You or your agent moves to a new state
- Your relationship with your agent changes
- There is a new diagnosis or a significant health issue
- Your financial situation or estate plan changes
If a bank or hospital sees a POA that is ten years old, they may hesitate to accept it. Keeping your document current helps ensure smooth acceptance when it matters most.
Taking the Next Step with Confidence
A thoughtful POA protects your wishes and gives your family clear direction during stressful moments. Planning now helps you avoid court proceedings and reduces the chance of disagreements later. Stacking your POA with a will, a trust, and an advanced health care directive that includes provisions for medical care can create a smooth, low-drama plan.
If you live in Missouri, it helps to work with a local estate planning attorney who knows Chapter 404 and the practical expectations of financial institutions, banks, hospitals, and title companies. Our team can draft the form, customize the powers in accordance with the laws governing powers, and coordinate it with the rest of your plan. With the right support, creating a POA feels less like paperwork and more like taking control.
Ready to Secure Your Future? Contact Us Today
If you are ready to set up a clear, Missouri-compliant Power of Attorney, we are here to help. Call the Law Office of David S. Schleiffarth, LLC, at 314-448-0527, or reach us through our Contact Us page to get started. We serve clients across the greater St. Louis area with careful, personal attention and steady communication. Bring your questions, tell us your goals, and let’s build a plan that fits your life and protects the people you love.
