Section 8.35 Capacity of the Principal
| Library | Trusts and Powers 2013 Supp |
A. (§8.35) Capacity of the Principal
Before the execution of a durable power of attorney (DPA), counsel should be certain that the principal has the capacity necessary to execute the instrument. The Durable Power of Attorney Law of Missouri (DPA Act), §§ 404.700–404.737, RSMo 2000, does not specify the requisite capacity. Generally, the principal should understand the nature of the act and its legal consequences. See Keyser v. Keyser, 81 S.W.3d 164 (Mo. App. W.D. 2002). The principal must understand that...
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