For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact.
A Missouri Affidavit by an Attorney-in-Fact or by Affine in the Capacity of an Attorney-in-Fact is a legal document that grants the power to act on behalf of another individual, known as the principal, in various legal and financial matters. This type of affidavit is commonly used in situations where the principal is unable to handle their affairs personally, either due to incapacitation, illness, or absence. In Missouri, there are different types of affidavits that can be executed by an attorney-in-fact or an affine acting in the capacity of an attorney-in-fact, depending on the specific circumstances and needs of the principal. Some common types include: 1. General Power of Attorney: This affidavit grants broad powers to the attorney-in-fact, allowing them to perform a wide range of legal acts on behalf of the principal. These acts can include managing finances, signing contracts, filing tax returns, and making medical decisions. 2. Limited Power of Attorney: Unlike a general power of attorney, a limited power of attorney restricts the powers granted to the attorney-in-fact to specific actions or a specified time period. For instance, it could be used to authorize the attorney-in-fact to sell a property on behalf of the principal or handle a specific business transaction. 3. Healthcare Power of Attorney: This type of affidavit specifically deals with medical decisions. It grants the attorney-in-fact the authority to make healthcare choices and communicate with medical professionals on behalf of the principal, especially in critical situations where the principal is unable to voice their preferences. 4. Financial Power of Attorney: A financial power of attorney allows the attorney-in-fact to manage the principal's financial matters, including banking, investments, paying bills, and handling tax-related issues. The scope of authority can be specified according to the principal's requirements. 5. Durable Power of Attorney: This affidavit remains in effect even if the principal becomes incapacitated or mentally incompetent to make decisions. It provides continuity in the attorney-in-fact's authority, ensuring that the principal's interests are protected. To execute a Missouri Affidavit by an Attorney-in-Fact or by Affine in the Capacity of an Attorney-in-Fact, specific legal requirements must be met, such as the affidavit being signed in the presence of a notary public and witnessed by two individuals who are not involved in the document itself. It is crucial to consult with an attorney specializing in estate planning or elder law to ensure that the affidavit is appropriately drafted and aligned with the principal's intentions, as well as complying with Missouri state laws and regulations.
