There are 3 types of powers of attorney in Missouri.  Powers of Attorney authorize a designated person to execute legal documents on your behalf.  The difference between the 3 types of powers of attorney is when the power to act on your behalf can begin and end.

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A General Power Attorney is not used typically in estate planning because its authorization begins upon execution and ends when you become incompetent.   

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A Durable Power of Attorney authorizes a designated person to execute legal documents on your behalf upon execution and continues even if you become incompetent and ends upon your death.  A durable power of attorney can be used in conjunction with a revocable living trust to manage your assets if you are unable to do so.  It grants a person of your choice (“attorney in fact”) the legal authority to manage your assets during your lifetime.

Note on terminology:  You appoint someone as your “Attorney in Fact” to act on your behalf in a power of attorney, but they are not usually an actual "attorney at law."  The person you select will have the authority to act on your behalf on a wide range of important matters.  Be sure that you take time to consider this decision carefully.  This person may be:

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1.         A family member, or

2.         A friend.

 It is called “durable” because the authorization to act on your behalf continues even after you become incapacitated.

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Springing Durable Power of Attorney.  Your Durable Power of Attorney can be designed to NOT allow your attorney in fact to act on your behalf until you become incapacitated.  The authority to act on your behalf starts if you become incompetent or incapacitated and ends upon your death.  Therefore, you will have complete control over your affairs until you are incapacitated.  When you need someone to act on your behalf most you will be well prepared with this document.  This is preferred type of power of attorney.