The simplest, most important legal document most Missourians overlook — until it’s too late.
Most people assume estate planning is only about what happens after you die.
But in reality, one of the most important parts of your estate plan is what happens if you cannot make decisions while you are still alive.
Accidents, illnesses, surgeries, and age-related conditions can leave anyone — at any age — unable to manage their finances or make medical decisions.
This is where a Missouri Power of Attorney becomes essential.
In Missouri, everyone age 18 and older should have:
- Durable Financial Power of Attorney
- Durable Health Care Power of Attorney
- HIPAA Authorization
- Living Will / Advance Directive
This guide explains why these documents are critical, how Missouri law handles incapacity, and what happens if you don’t have a Power of Attorney in place.
What Is a Power of Attorney in Missouri?
A Power of Attorney (POA) is a legal document that gives someone you trust the authority to make decisions on your behalf if you become incapacitated.
There are two main types:
✔ Financial Power of Attorney
Manages money, bills, property, and legal matters.
✔ Medical Power of Attorney
Makes healthcare decisions, approves treatments, and talks to doctors.
You choose:
- who will make decisions
- what authority they have
- when their authority begins
- how decisions should be made
Without these documents, your family may not have the authority to help you at all.
What Happens If You Don’t Have a Power of Attorney in Missouri?
If you become incapacitated and do not have valid POAs:
❌ Your spouse cannot automatically handle accounts
❌ Your children cannot make decisions
❌ Your partner or fiancé has no legal authority
❌ Your family may have to file for guardianship
❌ Guardianship costs thousands of dollars
❌ Court hearings may be required every year
❌ Your family may disagree on your care
Missouri courts will be forced to appoint:
- a guardian (decisions about your body and health)
- a conservator (decisions about your money)
This is expensive, time-consuming, and invasive.
A judge will decide who gets control — not you.
The Two Essential POAs Every Missourian Needs
Let’s break down the two documents every adult should have.
1. Missouri Durable Financial Power of Attorney
This gives your chosen agent the authority to:
- pay bills
- manage bank accounts
- handle investments
- file tax returns
- sell property
- manage your business
- protect your assets
- handle legal matters
- deal with insurance companies
Why it must be durable:
A “durable” POA remains valid if you become incapacitated.
Without the “durable” language, the POA is useless when you need it most.
2. Missouri Durable Health Care Power of Attorney
This allows your chosen agent to:
- authorize medical treatments
- speak with doctors
- choose hospitals
- approve surgery
- access medical information
- make end-of-life decisions
- move you to appropriate care facilities
Without this, doctors in Missouri cannot give medical information to your family due to HIPAA law.
Supporting Documents Every Missourian Should Have
A complete incapacity plan includes:
1. HIPAA Authorization
Allows your agent (and anyone else you choose) to access medical records and speak to healthcare providers.
Without it:
- doctors cannot legally talk to your loved ones
- family cannot coordinate care
- critical decisions may be delayed
2. Living Will / Advance Directive
This document outlines:
- life support wishes
- CPR decisions
- artificial nutrition
- end-of-life preferences
It removes the burden from your family during stressful times.
Who Should You Choose as Your Agent?
The most important part of your POA is choosing the right person.
✔ Someone trustworthy
✔ Someone organized
✔ Someone financially responsible
✔ Someone who can handle stress
✔ Someone good at communication
✔ Someone nearby (preferable but not required)
You can name:
- spouse
- adult children
- siblings
- close friends
- trusted advisors
You should also name backup agents in case your first choice is unavailable.
Common Mistakes Missourians Make With POAs
Avoid the following:
❌ Not having POAs at all
The most dangerous mistake.
❌ Using generic online forms
Banks and hospitals frequently reject them.
❌ Naming only one agent with no backup
If they cannot serve → guardianship required.
❌ Not updating POAs after divorce
Ex-spouses often remain listed.
❌ Failing to align POAs with your trust
Your trustee and financial POA must work together.
❌ Not giving your agent enough authority
Weak POAs struggle with banking, real estate, and retirement plan rules.
How POAs Work With a Missouri Living Trust
A living trust handles:
- your assets
- probate avoidance
- inheritance planning
- long-term financial protection
But your trust only controls assets in the trust.
Your POAs are needed for:
✔ signing tax returns
✔ signing medical waivers
✔ selling property during incapacity
✔ handling retirement accounts
✔ managing insurance policies
✔ accessing accounts outside the trust
Together, POAs and trusts create a complete plan.
When Should You Update Your Power of Attorney?
You should update your POAs:
- after marriage
- after divorce
- after having children
- after a diagnosis or major medical change
- when your agents move away
- every 5–7 years for freshness
- when banks or hospitals tell you your POA is “too old”
Outdated POAs often create legal obstacles at the worst possible time.
Final Thoughts — Every Missouri Adult Needs POAs, Not Just Seniors
Accidents and emergencies happen at every age.
People most affected include:
- college students
- single adults
- married couples
- young parents
- business owners
- adults with aging parents
- retirees
- blended families
A complete set of POAs ensures:
- someone you trust is legally empowered
- your finances remain protected
- your medical care aligns with your wishes
- your family avoids court involvement
These are simple, powerful documents — and one of the greatest gifts you can give your loved ones.
Need Missouri-Compliant Powers of Attorney Prepared for You?
We provide:
- financial and medical POAs
- HIPAA authorizations
- living wills
- revocable trusts
- complete, custom estate plans
- flat-fee pricing
- 100% virtual appointments