Missouri General Power of Attorney

MISSOURI POWER OF ATTORNEY

I, [Sender.FirstName][Sender.LastName], appoint (Agent.FirstName) (Agent.LastName) at (Agent.StreetAddress) (Agent.State) (Agent.PostalCode) as my Agent to act for me in any lawful way with respect to the following initialed subjects:

In the event that my Agent named above is unavailable or unable to fulfill his or her duties, I name the following to serve as successor agents:

My Successor Agents have the same authority as that granted to the original Agent; and may not act until the predecessor Agent have resigned, have died, have become incapacitated, or are no longer qualified to serve, or have declined to serve. A Successor Agent who is named in to succeed an Agent who has failed or ceased to serve is not liable of the actions taken by a previous Agent.

Nomination of Guardian/Conservator

If there is ever a need for me to have a conservator or guardian of my estate or person, I nominate the above individual(s) named in “Principal and Agent or Successor Agent” to serve in that capacity in the same order of preference unless the court finds good cause for the above named individuals not to act in that capacity.

Governing Law

This Power of Attorney and the actions of my Agent are governed by the laws of the State of Missouri. My Agent should review the Title XXVI Trade and Commerce, Chapter 404, Sections 404.700 – 404.737 and all other relevant laws to ensure the Agent’s conduct is in compliance with the laws of Missouri.

Effective Date

This Power of Attorney is exercisable when executed and will continue until my death or revocation. The Power of Attorney is not terminated by subsequent incapacity of the Principal, except as provided in Chapter 404, Missouri Revised Statutes.

Agent Duties

An Agent is a fiduciary and once has accepted appointment must act only within the scope of authority granted in the Power of Attorney. In exercising that authority, the AGent may not act contrary to the Principal’s reasonable expectations actually known by the Agent; must act in good faith; may not act in a manner that is contrary to the Principal’s best interest; and must attempt to preserve the Principal’s estate plan, to the extent actually known by the Agent, if preserving the plan is consistent with the Principal’s best interest based on all relevant factors, including: the value and nature of the Principal’s property; the Principal’s foreseeable obligations and need for maintenance; minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; eligibility for a benefit, a program, or assistance under a statute or rule; and the Principal’s personal history of making or joining in making gifts.

The Agent must keep a record of all receipts, disbursements, and transactions made on behalf of the Principal. An Agent is not required to disclose receipts, disbursements, transactions conducted on behalf of the Principal, or safe-deposit box inventories, unless ordered by a court or requested by the Principal, a court-appointed guardian, another fiduciary acting for the Principal, a governmental agency having authority to protect the welfare of the Principal, or, upon the death of the Principal, by the personal representative or successor in interest of the Principal’s estate. If requested, the Agent must comply with the request within 60 days or provide a writing or other record substantiating why additional time is needed and comply with the request within an additional 60 days.

An Agent who has accepted appointment shall act loyally for the sole benefit of the Principal; act so as not to create a conflict of interest that impairs the Agent’s ability to act impartially in the Principal’s best interest; act with the care, competence, and diligence ordinarily exercised by Agents in similar circumstances; and cooperate with a person who has authority to make health care decisions for the Principal in order to carry out the Principal’s reasonable expectations to the extent actually known by the Agent and, otherwise, act in the Principal’s best interest. The Agent is not liable for any acts or decisions made by the Agent in good faith and under the power of attorney

An Agent who acts in good faith is not liable to any beneficiary of the Principal’s estate plan for failure to preserve the plan. Absent a breach of duty to the Principal, an Agent is not liable if the value of the Principal’s property declines. If an Agent is selected by the Principal because of special skills or expertise possessed by the Agent or in reliance on the Agent’s representation that the Agent has special skills or expertise, the special skills or expertise must be considered in determining whether the Agent has acted with care, competence, and diligence under the circumstances.

Delegation

My Agent from time to time may revocably delegate any or all of the powers granted in this power of attorney to one or more qualified persons but the Agent making the delegation shall remain responsible to the Principal for the exercise or non-exercise of the powers delegated, in accordance with section 404.723 of the Missouri Revised Statutes.

Agent’s Powers

My Agent shall have the authority, acting under this power of attorney, to do each and every action or power which an adult who is non-disabled and non-incapacitated may carry out through an Agent specifically authorized in the premises, with respect to any and all matters whatsoever, except as provided in “Specially Granted Agent Powers.” 

The Principal shall initial next to each power that the Principal authorizes the Agent to have and shall strike through any power that the Principal does not authorize the Agent to have:

(A) Real Estate Transactions;

(B) Financial Institution Transactions;

(C) Stock and Bond Transactions;

(D) Tangible Personal Property Transactions;

(E) Safe Deposit Box Transactions;

(F) Insurance and Annuity Transactions;

(G) Retirement Plan Transactions;

(H) Social Security, Unemployment and Military Service Benefits;

(I) Tax Matters;

(J) Claims and Litigation;

(K) Commodity and Option Transactions;

(L) Business Operations;

(M) Borrowing Transactions;

(N) Estate Transactions

Specially Granted Agent Powers

None of the power(s) that the Principal has granted the Agent in “Agent’s Powers” subsections (a) through (n) shall be construed to grant power or authority to the Agent to carry out any of the actions described in this section if the actions are expressly enumerated and authorized by the Principal initialing next to each power granted or striking through a power not granted:

(A) To execute, amend or revoke any trust agreement;

(B) To fund with the Principal’s assets any trust not created by the Principal;

(C) To make or revoke a gift of the Principal’s property in trust or otherwise;

(D) To disclaim a gift or devise of property to or for the benefit of the Principal, Including but limited to the ability to disclaim or release any power of appointment granted to the Principal and the ability to disclaim all or part of the Principal’s interest in appointive property to the extent authorized under sections 456.970 to 4556.1135 of the Missouri Revised Statutes.

(E) To create or change survivorship interests in the Principal’s property or in property in which the Principal may have an interest;

(F) To designate or change the designation of beneficiaries to receive any property, benefit or contract right on the Principal’s death;

(G) To give or withhold consent to an autopsy or postmortem examination;

(H) To make an anatomical gift of, or prohibit an anatomical gift of all or part of the Principal’s body;

(I) To nominate a guardian or conservator for the Principal, and the Agent may nominate themselves as such;

(J) To designate one or more substitute or successor or additional Agents Note:this MUST be initialed if you name a Successor Agent;

(K) To exercise, to revoke, or amend the release of, or to contract to exercise or not to exercise any power of appointment granted to the Principal to the extent authorized under Sections 456.970 to 456.1135 of the Missouri Revised Statutes.

Powers Not Granted to Agent

No power of attorney that delegates general powers, may delegate or grant power or authority to an Agent to do or carry out any of the following actions for the Principal:

• To make, publish, declare, amend or revoke a will for the Principal;

• To make, execute, modify or revoke a living will declaration for the Principal;

• To require the Principal, against his or her will, to take any action or to refrain from taking any action; or​

• To carry out any actions specifically forbidden by the Principal while not under any disability or incapacity.

Third Parties

The Agent shall have the power, to make execute and deliver to or for the benefit of or at the request of a third person, who is requested to rely upon an action of the attorney in fact, an agreement indemnifying and holding harmless any third person or persons from any liability, claims or expenses, including legal expenses, incurred by any such third person by reason of acting or refraining from acting pursuant to the request of the Agent, and such indemnity agreement shall be binding upon the Principal who has executed such power of attorney and upon the Principal's successor or successors in interest.

​No such indemnity agreement shall protect any third person from any liability, claims or expenses incurred by reason of the fact that, and to the extent that, the third person has honored the power of attorney for actions outside the scope of authority granted by the power of attorney. In addition, the Agent has complete discretion to employ and compensate real estate Agents, brokers, attorneys, accountants and sub-agents of all types to represent and act for the Principal in any and all matters, including tax matters involving the United States government or any other government or taxing entity, including, but not limited to, the execution of supplemental or additional powers of attorney in the name of the Principal in form that may be required or preferred by any such taxing entity or other third person, and to deal with any or all third persons in the name of the Principal without limitation. However, no such supplemental or additional power of attorney shall broaden the scope of authority granted to the Agent in the original power of attorney executed by the Principal.

Reimbursement and Compensation of Agent

An Agent is entitled to reasonable compensation for services rendered to the Principal as Agent and reimbursement for reasonable expenses incurred as a result of acting as Agent for the Principal.

Agent’s Acceptance of Appointment

A person accepts appointment as an Agent by exercising authority or performing duties as an Agent or by any other assertion or conduct indicating acceptance. The scope of an Agent’s acceptance is limited to those aspects of the power of attorney for which the Agent’s assertions or conduct reasonably manifests acceptance.

Exoneration of Agent and Agent’s Liability

The Agent is not liable for any acts of decisions made by the Agent in good faith and under the Power of Attorney. The Agent shall not be relieved of liability for breach of a duty committed dishonesty, with improper motive, or with reckless indifference to the purposes of the Power of Attorney or the best interest of the Principal. Further, the Agent will not be relieved of liability that results from an abuse of a confidential or fiduciary relationship with the Principal. An agent who violates this part is liable to the Principal or the Principal’s successors in interest for the amount required to:

• Restore the value of the Principal’s property to what it would have been absent the violation

• Reimburse the Principal or the Principal’s successors in interest for the attorney’s fees and costs paid from the Principal’s funds on the Agent’s behalf in defense of the Agent’s actions

Agent’s Resignation

An Agent may resign by giving notice to the Principal, to the guardian if the Principal is incapacitated and one has been appointed for the Principal, and to any Successor Agent

ACKNOWLEDGMENT AND SIGNATURES

I am the maker of this instrument and am fully informed as to all the contents of this Power of Attorney. I understand the full import of this grant of powers to my Agent(s).

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​[Principal.FirstName][Principal.LastName]​

Witness Acknowledgement

The following subscribing witnesses have appeared before the Notary Public and swear that he or she witnessed the maker of this instrument execute the instrument as the maker's own act.

Notary Acknowledgement

STATE OF MISSOURI

COUNTY OF (Name)

The maker and the witnesses personally appeared before me and the foregoing instrument was acknowledged before me on this the (Day) day of (month), 20(year), by [Notary.FirstName][Notary.LastName]. I am satisfied that the person(s) who made the acknowledgment or proof was the maker of or the witness to the instrument.