Powers of attorney and health care directives in Missouri
Key takeaway
Missouri law limits what an agent under a power of attorney may do without express authority and sets standards for the agent's conduct. An agent can revoke, amend or distribute revocable trust property only if the trust terms or the power expressly authorize it. An agent with general powers must act according to the principal's instructions, in the principal's best interest and in good faith.
Powers of attorney
A durable power of attorney need not be recorded to bind the principal, agent and third parties, except where recording is required for real estate transactions.
An agent under a durable power has no duty to act, even if the principal is incapacitated, unless the agent has expressly agreed in writing to act.
A power of attorney grants the special actions listed in subsection 6 of RSMo 404.710 only if they are expressly enumerated and authorized in the instrument.
Third parties may rely freely on an agent with general powers without the power of attorney specifically identifying the property, account or act involved.
Guardianship and conservatorship
A court may order a respondent in a guardianship or conservatorship petition to be examined by a professional with experience or training in the alleged impairment.
Before appointing a guardian or conservator, the court must weigh whether a less restrictive alternative can meet the respondent's needs.
Under RSMo 475.079, upon clear and convincing proof that the person is incapacitated and the respondent's identified needs cannot be met by a less restrictive alternative, a court may appoint a guardian of the person.
Courts may appoint an emergency guardian ad litem or conservator ad litem for up to ninety days, with a hearing within five business days of filing a petition, except for good cause shown.
A court shall not appoint the public administrator as guardian, conservator, emergency guardian or conservator, or guardian or conservator ad litem unless notice is first given to the public administrator.