Detailed Answer
Power of Attorney in Missouri
A power of attorney (POA) lets an elderly heir (the principal) designate another person (the agent) to manage their affairs. Missouri law recognizes a durable power of attorney, which remains effective if the principal becomes incapacitated. The statute governing this is Missouri Revised Statutes §404.705. You can review the text here: Mo. Rev. Stat. §404.705.
- Financial POA: Authorizes the agent to handle bank accounts, investments, bill payments, and tax matters.
- Healthcare POA: Allows the agent to make medical and personal care decisions if the principal cannot.
- Durability: To ensure the POA survives incapacity, include the words “this power of attorney shall not be affected by subsequent incapacity” or similar language.
Guardianship and Conservatorship in Missouri
If an elderly person cannot sign a valid POA or did not appoint an agent, you may petition the court for guardianship, conservatorship, or both. These procedures ensure a court-appointed guardian or conservator oversees personal and/or financial decisions.
Guardianship (Personal Care): Under Mo. Rev. Stat. §475.010, a guardian makes decisions about living arrangements, daily care, medical treatment, and other personal matters. Read the statute here: Mo. Rev. Stat. §475.010.
Conservatorship (Financial Affairs): A conservator manages income, assets, real estate, and pays bills. Courts often appoint both a guardian and conservator if needed for comprehensive oversight.
To establish guardianship or conservatorship, you must:
- File a petition in the county probate court.
- Provide medical evidence of incapacity.
- Notify the proposed ward and interested parties.
- Attend a court hearing where the judge assesses the need and least restrictive alternatives.
Helpful Hints
- Discuss wishes early. Encourage your elderly heir to complete a durable POA and advance healthcare directive while competent.
- Choose an agent or guardian carefully. Select someone trustworthy with financial and interpersonal skills.
- Keep thorough records. Document all transactions and decisions made under any authority instrument.
- Review arrangements periodically. Circumstances change, so update powers of attorney or petition details if needed.
- Consider less restrictive options first. A POA or supported decision-making plan often avoids court involvement.