Section 8.51 Durable Power of Attorney (Short Form)

• Library: Trusts and Powers 2013 Supp

B. (§8.51) Durable Power of Attorney (Short Form)

[Counsel is cautioned that this form contains various alternative provisions and phrases and should not be used “as-is” under any circumstances. The document will have to be tailored to counsel’s specific use of the document. All alternative provisions, comments, and variables for document assembly are included in brackets and provide counsel with discussion points in developing the Durable Power of Attorney for the client.]

Durable Power of Attorney

I, [Principal], of [Address1, Address2, City, State, Zip], [County] County, Missouri, do hereby appoint [my] [Relationship], [Agent Name], as my attorney in fact to take the actions set forth in this instrument. It is my intention that [Agent Name] as my attorney in fact shall have general powers to act in a fiduciary capacity on my behalf with respect to all lawful subjects and purposes, in accordance with the Durable Power of Attorney Law of Missouri, §§ 404.700 et seq., RSMo 2000.

[I, [Principal], of [Address1, Address2, City, State, Zip], [County] County, Missouri, do hereby appoint [Co-Agent1 Name] and [Co-Agent2 Name] as my attorneys in fact to take the actions set forth in this instrument, [either alone or acting in unison.] [provided, however, that any action taken by my attorneys in fact must be in unison.] If either of the above-named attorneys in fact is unable or unwilling to serve for any reason, the other shall serve alone as my attorney in fact. It is my intention that [Co-Agent1 Name] and [Co-Agent2 Name] as my attorneys in fact shall have general powers to act in a fiduciary capacity on my behalf with respect to all lawful subjects and purposes, in accordance with the Durable Power of Attorney Law of Missouri, §§ 404.700 et seq., RSMo 2000.]

[The appointment provisions above are in the alternative.]

Article I

Durability Provision

THIS IS A DURABLE POWER OF ATTORNEY, AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE IF I BECOME DISABLED OR INCAPACITATED OR IN THE EVENT OF LATER UNCERTAINTY AS TO WHETHER I AM DEAD OR ALIVE.

Article II

Successor Attorney in Fact

If [Agent Name] is unable or unwilling to serve as my attorney in fact for any reason, I then appoint [my] [Relationship2], [Successor Agent], as my attorney in fact to take the actions set forth herein. [If [Successor Agent] is unable or unwilling to serve as my attorney in fact for any reason, I then appoint [my] [Relationship3], [Second Successor Agent], as my attorney in fact to take the actions set forth herein.] It is my intention that any successor attorney in fact named herein shall have the same power and authority as my original attorney in fact and that any reference to my attorney in fact shall also refer to any successor who may be serving.

[The successor provision can be made to mirror the above co-attorney in fact provision if the principal wants the successors to serve concurrently.]

Article III

General Powers

[Except as provided in Article VIII,] [t]This Durable Power of Attorney is a Durable Power of Attorney with general powers in accordance with the Durable Power of Attorney Law of Missouri. [A copy of § 404.710, RSMo 2000, is attached and incorporated by reference.] As authorized by this Law, the authority of my attorney in fact acting under this power of attorney extends to and includes every action or power that a nondisabled and nonincapacitated adult may carry out with respect to all lawful subjects and purposes.

Article IV

Enumerated Powers

My attorney in fact shall have the following enumerated powers and authority without derogation or limitation to the general powers granted under the Durable Power of Attorney Law of Missouri:

A. [Trust Agreements. To execute, amend, or revoke any revocable or irrevocable trust agreement on my behalf, provided, however, that any trust created by my attorney in fact on my behalf shall contain dispositive provisions consistent with my [existing Last Will and Testament] [existing Living Trust] [written wishes].] To receive on my behalf from my Living Trust any distributions of principal or income to which I am entitled and to otherwise deal with my Trustee on my behalf.

B. [Funding of Trust Agreements. To fund with my assets any trust that I [or my attorney in fact] may have created that provides benefits to me during my lifetime, either solely or jointly with members of my family.]

C. [Gifting. To make a gift of my property in trust or otherwise, including consenting to split gifting, to such recipients as my attorney in fact may deem appropriate (including any charitable organization) whether for the purpose of estate planning and the reduction of tax liabilities, or for such other purpose or purposes as may seem appropriate to my attorney in fact, subject to the following:]

1. [If my attorney in fact makes a gift to any descendant of mine, my attorney in fact shall also make a gift of approximately the same value to every one of my descendants in the same generation.]

2. [Any gift to a descendant of mine shall be consistent with the distributions found in my estate plan.]

3. [I authorize my attorney in fact to make a gift of my personal residence located at [Address of Principal Residence] to [Recipient] if I ever become a resident of a long-term care facility and there is no reasonable likelihood that I will ever be able to reside at this location before my death.]

4. [I specifically [do not] authorize my attorney in fact to make...