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DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND HEALTH CARE DIRECTIVE Question and Answers, Instructions and Sample Form Distributed as a public service by The Missouri Bar Durable Power of Attorney

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What is durable power of attorney?

Durable power of attorney is a legal document that allows someone (known as the agent or attorney-in-fact) to make financial and legal decisions on behalf of another person (known as the principal) in case the principal becomes incapacitated or unable to make decisions. It remains effective even if the principal becomes mentally or physically incapacitated.

Who is required to file durable power of attorney?

The person who needs a durable power of attorney is the principal, as they are the one granting the authority to another individual to act on their behalf. The agent or attorney-in-fact is not required to file anything.

How to fill out durable power of attorney?

To fill out a durable power of attorney, you need to gather the necessary forms and documents, identify the chosen agent or attorney-in-fact, specify the powers and limitations, sign the document in the presence of a notary public, and have it witnessed by two unrelated individuals. It is always recommended to consult with an attorney to ensure everything is properly filled out.

What is the purpose of durable power of attorney?

The purpose of a durable power of attorney is to grant authority to someone to make financial and legal decisions on behalf of the principal in the event of their incapacitation. It provides peace of mind and ensures that someone trusted is able to manage important matters when the principal is unable to do so.

What information must be reported on durable power of attorney?

The specific information required on a durable power of attorney may vary depending on jurisdiction, but generally, it includes the names and contact information of the principal and agent, the powers granted, any limitations or special instructions, the effective date, and signatures of the principal, agent, and witnesses.

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