Section 8.55 Special Durable Power of Attorney

• Library: Trusts and Powers 2013 Supp

F. (§8.55) Special Durable Power of Attorney

[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 the attorney’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.]

Special 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 the specific powers detailed herein, 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 the specific powers detailed herein in accordance with the Durable Power of Attorney Law of Missouri.]

[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 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 his or her successors to serve concurrently.]

Article III

Special Powers

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. 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 the following subject matter:

[Insert appropriate provisions from Articles IV and V of the Durable Power of Attorney—Long Form.]

Article IV

Incidental Powers

In connection with the exercise of the powers described herein, my attorney in fact is authorized to perform any acts necessary or incidental to the exercise of such powers, including, without limitation, the following:

A. Execute Documents/Forms. To execute, endorse, seal, acknowledge, deliver, file, or record agreements, contracts, instruments, forms, petitions, pleadings, discovery, waivers, consents, deeds, bills of sale, certificates, or any other documents of any kind whatsoever.

B. Access to Documents/Forms. To have access to any document, will, trust, agreement, contract, instrument, form, record, file, certificate, or any other document of any kind whatsoever, whether it is in printed or electronic form.

C. Access to Information. To have access to all information maintained by any third party about me, my assets, or my affairs, wherever it may be situated or held and regardless of its form or content, including, without limitation, any information that may be held in accordance with any recognized privilege I may have.

D. Employ Agents and Subagents. To nominate, appoint, employ, direct, and compensate additional agents or subagents on my behalf, including, without limitation, real estate agents, brokers, attorneys, accountants, or healthcare...