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A durable power of attorney does not have to be recorded to be valid and binding between the principal and attorney in fact or between the principal and third persons, except to the extent that recording may be required for transactions affecting real estate under sections 442.360 and 442.370. 4.
You must sign and notarize the original power of attorney document, and certify several copies. Banks and other businesses will not likely allow your agent to act on your behalf unless they receive a certified copy of the power of attorney. Remember, you can revoke a power of attorney at any time.
With the power of attorney, the named individual will make sure her wishes are granted. Missouri law requires that a durable power of attorney be signed in the presence of two or more witnesses, but allows the principal to revoke it at any time.
Steps for Making a Financial Power of Attorney in Missouri Create the POA Using a Form, Software or an Attorney. ... Sign the POA in the Presence of a Notary Public. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact. ... File a Copy With the Recorder of Deeds.
The document must clearly state the powers granted to the agent, who will be acting on the principal's behalf, and must be signed by the principal. Importantly, the document must be notarized or signed by at least 2 witnesses, who themselves must be over 18 and cannot be the agent or the notary.