In Missouri, a power of attorney (POA) is a critical document that allows a person (the principal) to designate another individual (the agent) to act on their behalf. However, under RSMo Section 404.710, certain powers are so significant that they must be expressly granted in the POA document for the agent to exercise them. If these powers are not specifically included, the agent lacks the authority to perform these actions.
Here’s a breakdown of the powers that must be expressly granted in a Missouri POA:
1. Creating, Amending, or Revoking a Trust
To create, modify, or revoke a trust on behalf of the principal, the POA must explicitly authorize the agent to do so. Trust-related actions often involve substantial financial and legal implications, making it essential for the principal’s intent to be clear.
2. Making or Revoking Gifts
The agent cannot make or revoke gifts of the principal’s property without express permission. This includes gifts to family members, charities, or other beneficiaries. Such powers must be explicitly outlined in the POA to prevent unauthorized or unintended transfers.
3. Changing Beneficiary Designations
The POA must expressly allow the agent to change beneficiaries on financial accounts, insurance policies, or other instruments. This ensures that any changes to inheritance plans align with the principal’s clear instructions.
4. Delegating Authority to Another Agent
The agent cannot delegate their authority to someone else unless the POA specifically permits it. This safeguard ensures that only the designated agent acts on the principal’s behalf, maintaining control and accountability.
5. Waiving the Principal’s Rights
If the agent is to waive or renounce any rights of the principal (such as joint tenancy or other property rights), this authority must be explicitly stated in the POA.
6. Making Health Care Decisions
While Missouri law allows for a separate health care POA, if the agent is granted authority over medical decisions within the general POA, this power must be expressly stated. This includes:
Authorizing or refusing medical treatment.
Making end-of-life care decisions.
Decisions on autopsies, post mortems and organ donations.
7. Nominating a Guardian or Conservator
If the agent is to nominate a guardian or conservator, the POA must specifically grant this authority.
The Importance of Clear Language in a Missouri POA
Missouri law emphasizes the importance of specificity in a POA document. Courts and third parties rely on the explicit language in the document to determine the agent’s powers. Without clear authorization, the agent’s actions may be invalid or unenforceable.
To ensure a valid and comprehensive POA:
Consult an experienced attorney familiar with Missouri law.
Clearly outline the powers you want to grant your agent.
Regularly review and update your POA as needed.
Conclusion
Granting powers through a POA is a significant legal step. Under RSMo Section 404.710, certain powers must be expressly stated in the POA for the agent to exercise them. By understanding these requirements, principals can ensure their intentions are respected and their assets are protected.
For more details, you can refer to the Missouri Revised Statutes directly on the MO.gov website.
The preceding article is for information purposes only and is not intended to be legal advice. For help with a guardianship or conservatorship, please consult a Missouri probate attorney such as Hannam Law.