Types of Power of Attorney
General Durable Power of Attorney
A General Durable Power of Attorney grants to your attorney in fact general powers as to all lawful subjects and purposes under the Durable Power of Attorney Law of Missouri. This document allows the person(s) you name to take care of the management of your finances in your stead. It is called a “durable” power of attorney because the powers you grant to your agent or attorney in fact survive your disability and survive whether there is uncertainty as to whether you are dead or alive. It cannot survive your death.
Durable Power of Attorney for Health Care and Health Care Directive
These documents are often referred to as a “living will” and they allows you to do several things with respect to your health care should you become incapacitated. In a Durable Power of Attorney for Health Care, you would name the person to make all health care decisions for you in the event that you cannot make such decisions for yourself. In a Health Care Directive, you can provide instructions for your care in the event that you are unable to communicate on your behalf. Every person should have a Durable Power of Attorney for Health Care and a Health Care Directive. You can obtain and complete these forms yourself from the Missouri Bar website (mobar.org), which has a section of information for the public. The form is in PDF format that you can download. Please take the time to do this if you do nothing else for yourself this week.
Special Durable Power of Attorney
A Special Durable Power of Attorney grants to your attorney in fact general powers, but only as to specified subjects and purposes (which are specifically identified in the document).
Springing Durable Power of Attorney
A Springing Durable Power of Attorney grants to your attorney in fact general powers as to all lawful subjects and purposes, but it does not become effective until the occurrence of some future event, such as your disability. The specific event is identified in the document.