Section 9.11 Other Provisions

• Library: Trusts and Powers 2013 Supp

3. (§9.11) Other Provisions

· The provisions for multiple attorneys in fact found in §§ 404.707.1 and 404.723.2, RSMo 2000, of the DPA Act are specifically carried forward into the DPAHC Act by § 404.810, RSMo 2000. See also the discussion in Chapter 8, §8.37, of this deskbook. But especially in the case of a DPAHC, there should be a careful discussion with the client of the potential disadvantages of naming more than one person as attorney in fact and requiring multiple attorneys in fact to act either unanimously or by majority vote. Health care decisions must often be made quickly, and action by a “committee” may not be the most desirable procedure.

· With respect to the right of an attorney in fact to delegate powers to other persons, § 404.865, RSMo 2000, of the DPAHC Act specifically...