Updated August 3, 2026. Quick answer: The power of attorney must be denominated a ‘Durable Power of Attorney,’ include one of two specific statutory durability statements, and be subscribed by the principal, dated, and acknowledged in the manner prescribed by law for conveyances of real estate (RSMo 404.705.1). Missouri’s real-estate acknowledgment statute (RSMo 442.150) requires acknowledgment before a notary public or other authorized officer/court — no witnesses are required by either statute.. This state has no statutory form. A power of attorney here must say it is durable, or it ends at incapacity — which is the moment it was written for.
| Execution | The power of attorney must be denominated a ‘Durable Power of Attorney,’ include one of two specific statutory durability statements, and be subscribed by the principal, dated, and acknowledged in the manner prescribed by law for conveyances of real estate (RSMo 404.705.1). Missouri’s real-estate acknowledgment statute (RSMo 442.150) requires acknowledgment before a notary public or other authorized officer/court — no witnesses are required by either statute. |
| Statutory form | No |
| Durability | Must say it is durable |
| Who may not witness | None stated (no witness requirement exists under RSMo 404.705 or 442.150). |
| Agent must accept in writing | No |
| Statute | RSMo §§404.700 to 404.735, cited as the ‘Durable Power of Attorney Law of Missouri’ (enacted 1989 H.B. 145 §3; durability-language subsection amended 1997 S.B. 265, effective Aug 28 1997) |
What decides whether the document is valid
The power of attorney must be denominated a ‘Durable Power of Attorney,’ include one of two specific statutory durability statements, and be subscribed by the principal, dated, and acknowledged in the manner prescribed by law for conveyances of real estate (RSMo 404.705.1). Missouri’s real-estate acknowledgment statute (RSMo 442.150) requires acknowledgment before a notary public or other authorized officer/court — no witnesses are required by either statute. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: None stated (no witness requirement exists under RSMo 404.705 or 442.150). This is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
There is no statutory form
Missouri does not put a form in its statute, so there is nothing official to copy. The requirements above still govern whatever document you use.
Durability — the point most people get wrong
Here a power of attorney must state that it is durable. Without that language it ends exactly when incapacity begins — which is the situation it was almost certainly written for. This is the single most consequential drafting point in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Missouri addresses this by statute: None found. RSMo 404.719 gives third persons (broadly including banks/financial institutions) permissive protection when they rely and act on a POA, and lets them require signature specimens/indemnification, but imposes no duty to accept, no deadline, and no sanction for refusal.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
If the free form does not fit your situation
This state has no statutory form to copy, which is the case where a drafted document earns its keep. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. Where the estate is complex or a dispute is likely, see a lawyer instead.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.