Missouri Durable Power of Attorney – St. Louis Springing Power of Attorney

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A Missouri Durable Power of Attorney allows you to authorize one or more individuals to manage your financial, personal, and health care matters if you become incapacitated. The "Durable" part is extremely important because a non-durable Power of Attorney becomes ineffective if you become incapacitated. Incapacitation is generally a determination by a physician that you temporarily or permanently lack the understanding to make rational decisions due to a physical or mental problem. Although many people experience incapacitation at the end of life, temporary incapacitation can occur from of an accident, illness, drug interaction or other causes. Without a Missouri Durable Power of Attorney, no one is authorized to manage your daily affairs if you become incapacitated. More importantly, a Missouri Durable Power of Attorney allows you to specifically direct, authorize and limit the authority of the individual you appoint as your Power of Attorney, and specifically instruct your Power of Attorney how to act on your behalf.

In addition to the necessity of this document should you become incapacitated, a Missouri Durable Power of Attorney can provide convenience during your life in that the individual you appoint as your Power of Attorney is able to assist in the management of your affairs if you are unavailable. However, if you would like to limit the effective date of your Durable Power of Attorney, it can be drafted to only become effective in the event of your incapacitation. Drafted in this manner, the document is often referred to as a Springing Power of Attorney.

If you choose to appoint the same individual(s) to manage your health care as well as your financial and personal matters, all can be accomplished in the same Durable Power of Attorney. However, if you prefer to appoint different individuals for your financial and personal matters separate from your health care matters, or would just like to keep your health care matters private from anyone who would require a copy of your Durable or Springing Power of Attorney, a Health Care Declaration which includes a Health Care Directive and Durable Power of Attorney for health care matters can be drafted separately.

A Durable Power of Attorney becomes void upon death, at which time if you have a Will  your personal representative will be responsible for your affairs, and if you have both a Will and a Trust, your Trustee will be responsible for your affairs.

St. Charles Estate Planning Attorney

From offices in St. Louis, Missouri, TdD Attorneys at Law LLC, represents clients in communities throughout the metro area including St. Charles, St. Peters and Chesterfield. Contact attorney Ted Disabato at 314-527-3224 to schedule an initial consultation with an experienced St. Charles estate planning attorney today. Our firm offers reasonable fees and payment arrangements to all clients.

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