Effective - 28 Aug 1997
404.730. Scope and application of law — application of law to nondurable powers of attorney. — 1. Sections 404.700 to 404.735 apply to the acts and transactions in this state of attorneys in fact under powers of attorney executed in this state or by residents of this state; and also apply to acts and transactions of attorneys in fact in this state or outside this state under powers of attorney that refer to the durable power of attorney law of Missouri in the instrument creating the power of attorney, if any of the following conditions are met:
(1) The principal or attorney in fact was a resident of this state at the time the power of attorney was executed;
(2) The powers and authority conferred relate to property, acts or transactions in this state;
(3) The acts and transactions of the attorney in fact or successor occurred or were to occur in this state;
(4) The power of attorney was executed in this state; or
(5) There is otherwise a reasonable relationship between this state and the subject matters of the power of attorney. The power of attorney so created remains subject to sections 404.700 to 404.735 despite a subsequent change in residence of the principal or the attorney in fact and any successor, or the removal from this state of property which was the subject of the power of attorney.
2. A person who acts as an attorney in fact or successor pursuant to a power of attorney governed by sections 404.700 to 404.735 is subject to personal jurisdiction in this state with respect to matters relating to acts and transactions of the attorney in fact or successor performed in this state, performed for a resident of this state or affecting property in this state.
3. Sections 404.700 to 404.735 shall not be construed as providing an exclusive method for creating powers of attorney that are in fact durable or that may be durable as to one or more acts by reason of the fact that the attorney in fact or other person has a property or contract interest in the authority conferred.
4. Sections 404.700 to 404.735 shall not be construed to apply to powers of attorney that are not durable except where specifically so stated; and sections 404.700 to 404.735, insofar as they apply to powers of attorney that are not durable, are intended to be declaratory of existing law.
5. A durable power of attorney that purports to have been made under the provisions of the uniform durable power of attorney act or a substantially similar law of another state is governed by the law of the designated state and, if durable where executed, is durable and may be carried out and enforced in this state.
6. A power of attorney, whether durable or not, executed by a resident of another state, may authorize the carrying out in this state of all acts permitted to be delegated to an agent by the laws of the state of the residence of the principal, the laws of the state where the power of attorney is executed, or the laws of this state, whichever law is most favorable toward authorizing such delegation, and is durable if so designated either under the laws of this state, under the laws of the state of residence of the principal, or under the laws of the state where the power of attorney is executed.
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(L. 1989 H.B. 145 § 14, A.L. 1997 S.B. 265)
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney
Section 404.005 - Law, how cited.
Section 404.007 - Definitions.
Section 404.014 - Present transfer of property, effect.
Section 404.016 - Future transfers of property are revocable by donor, exception.
Section 404.018 - Custodian and third persons dealing with custodian, powers, duties, immunities.
Section 404.021 - Single custodianship — but custodian may serve more than one minor.
Section 404.023 - Custodians for present transfers of property, who may serve.
Section 404.035 - Qualifications of custodians — transfers to persons not qualified, effect.
Section 404.061 - Exemption of third person from liability.
Section 404.067 - Liability to third persons.
Section 404.077 - Effect on prior existing custodianship.
Section 404.094 - Law of Missouri to apply, when — other state's laws applicable, when.
Section 404.400 - Law, how cited.
Section 404.410 - Definitions.
Section 404.450 - Present transfer, effect.
Section 404.460 - Future transfers of property revocable by donor, exception.
Section 404.470 - Custodian designation by donor on present transfer, who may serve.
Section 404.510 - Court's designation of custodian, when — who may serve, court's powers.
Section 404.520 - Custodian's rights in other property of beneficiary.
Section 404.530 - Qualifications of personal custodians, transfer to person not qualified, effect.
Section 404.600 - Exemption of third person from liability.
Section 404.610 - Liability to third persons.
Section 404.640 - Jurisdiction for transfers to personal custodianship.
Section 404.650 - Law of Missouri to apply, when — other state's laws applicable, when.
Section 404.700 - Law, how cited.
Section 404.703 - Definitions.
Section 404.710 - Power of attorney with general powers.
Section 404.714 - Duties of attorney in fact.
Section 404.719 - Exemption of third persons from liability.
Section 404.721 - Liability as between principal and third person.
Section 404.725 - Compensation of attorney in fact.
Section 404.737 - Exceptions to amendments of durable power of attorney law enacted in 1997.
Section 404.800 - Short title.
Section 404.805 - Definitions.
Section 404.810 - Applicability of general law.
Section 404.815 - Physician, health care facility, not to serve as attorney in fact — exceptions.
Section 404.820 - Withdrawing or withholding treatment, specific authority required — restrictions.
Section 404.822 - Health care decisions, attorney in fact to consider medical diagnosis.
Section 404.825 - Examination of patient required, content.
Section 404.835 - Execution of durable power of attorney not to be required.
Section 404.840 - Medical records to include durable power of attorney, when — effect.
Section 404.845 - Death resulting from withholding treatment, not to be suicide or homicide, when.
Section 404.847 - Prior durable power of attorney remains valid, when.
Section 404.850 - Revocation, procedure, effect.
Section 404.855 - Liability, immunity from, when.
Section 404.865 - Delegation of decision-making authority by attorney in fact prohibited, when.
Section 404.870 - Handicapped or disabled, discrimination against not allowed.
Section 404.872 - Refusal to honor health care decision, discrimination prohibited, when.