Free Missouri Real Estate Power of Attorney Form Template

A Missouri real estate power of attorney form appoints an attorney in fact to handle real estate for you. Missouri’s Durable Power of Attorney Law, in chapter 404 of the Revised Statutes, governs durable powers, and chapter 442 covers powers to convey real estate.

Section 404.705 sets three conditions for a durable power.

Labeled a Durable Power of Attorney

The document must be denominated a “Durable Power of Attorney.”

A Durability Provision

It must include a provision stating in substance that the authority won’t terminate if you become disabled or incapacitated, or if it is later uncertain whether you are alive.

Acknowledged Like a Deed

It must be subscribed by you, dated, and acknowledged in the manner prescribed by law for conveyances of real estate.

Recording for Real Estate

A durable power doesn’t have to be recorded to be valid, except to the extent recording may be required for transactions affecting real estate under sections 442.360 and 442.370.

Powers to Convey

Section 442.360 governs how a letter of attorney containing a power to convey real estate is acknowledged and proved.

Not for the power to be valid. But section 404.705 makes an exception where recording may be required for transactions affecting real estate under sections 442.360 and 442.370.

So when your attorney in fact will convey real estate, plan for recording with the deed.

Tip: Have your Missouri real estate power of attorney form acknowledged as for a conveyance of real estate, so it meets both the durability rule and any recording need.

Follow section 404.705:

1. Title it a “Durable Power of Attorney” if you want it durable.
2. Include the statutory durability provision.
3. Name yourself as principal and your attorney in fact.
4. Identify the property and the powers you grant.
5. Sign, date, and acknowledge it before a notary.
6. Record it when it’s used for a real estate transaction that requires it.

Cover these points:

• The “Durable Power of Attorney” title and provision
• Principal’s and attorney in fact’s names
• The property and the powers granted
• Principal’s signature and the date
• An acknowledgment as for real estate conveyances

Document Genius’s step-by-step questionnaire covers each item. Your Missouri real estate power of attorney form is ready to sign in minutes.