Title XXVI — TRADE AND COMMERCE
15 chapters · 936 sections in this title.
§ 404.620 RSMo Accounting by custodian, approval by court, waiver — determination of
4.2K chars
404.620. Accounting by custodian, approval by court, waiver — determination of liability of custodian — time limitations for beneficiary to bring actions. — 1. The beneficiary, the legal representative of an incapacitated or deceased beneficiary, a successor personal custodian, a…
§ 404.630 RSMo Uniformity of application and construction — not to be exclusive method of
0.6K chars
404.630. Uniformity of application and construction — not to be exclusive method of transferring property to an incapacitated person. — 1. Sections 404.400 to 404.650 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the su…
§ 404.640 RSMo Jurisdiction for transfers to personal custodianship
1.4K chars
404.640. Jurisdiction for transfers to personal custodianship. — 1. The probate division of the circuit court may hear and determine all matters pertaining to personal custodians and the administration of personal custodianships under sections 404.400 to 404.650. 2. The provision…
§ 404.648 RSMo Conflicts of interest — guardian or conservator ad litem appointed, when,
1.6K chars
404.648. Conflicts of interest — guardian or conservator ad litem appointed, when, compensation. — 1. Notwithstanding any other provision of law, if it is suggested in a petition filed by the beneficiary, a creditor, a person interested in the welfare of the beneficiary, or other…
§ 404.650 RSMo Law of Missouri to apply, when — other state's laws applicable, when
1.6K chars
404.650. Law of Missouri to apply, when — other state's laws applicable, when. — 1. Sections 404.400 to 404.650 apply to a transfer that refers to the Missouri personal custodian law in the designation under section 404.540 by which the transfer is made if at the time of the tran…
§ 404.700 RSMo Law, how cited
0.2K chars
404.700. Law, how cited. — Sections 404.700 to 404.735 may be cited as the "Durable Power of Attorney Law of Missouri". -------- (L. 1989 H.B. 145 § 1)
§ 404.703 RSMo Definitions
2.6K chars
404.703. Definitions. — As used in sections 404.700 to 404.735 the following terms mean: (1) "Attorney in fact", an individual or corporation appointed to act as agent of a principal in a written power of attorney; (2) "Court", the circuit court including the probate division of …
§ 404.705 RSMo Durable power of attorney, procedure to create, requirements, effect,
2.7K chars
404.705. Durable power of attorney, procedure to create, requirements, effect, recording not required, exception — person appointed has no duty to exercise authority conferred, exception. — 1. The authority granted by a principal to an attorney in fact in a written power of attor…
§ 404.707 RSMo Principal may appoint multiple attorneys in fact — authority may be joint
1.1K chars
404.707. Principal may appoint multiple attorneys in fact — authority may be joint or several — qualifications — persons disqualified. — 1. A principal may appoint more than one attorney in fact in one or more powers of attorney and may provide that the authority conferred on two…
§ 404.710 RSMo Power of attorney with general powers
11.0K chars
404.710. Power of attorney with general powers. — 1. A principal may delegate to an attorney in fact in a power of attorney general powers to act in a fiduciary capacity on the principal's behalf with respect to all lawful subjects and purposes or with respect to one or more expr…
§ 404.712 RSMo Name in which acts are performed and property held — property and accounts
0.9K chars
404.712. Name in which acts are performed and property held — property and accounts of principal to be kept separate — how identified. — 1. An attorney in fact acting for the principal under a power of attorney shall clearly indicate his capacity and shall keep the principal's pr…
§ 404.714 RSMo Duties of attorney in fact
6.3K chars
404.714. Duties of attorney in fact. — 1. An attorney in fact who elects to act under a power of attorney is under a duty to act in the interest of the principal and to avoid conflicts of interest that impair the ability of the attorney in fact so to act. A person who is appointe…
§ 404.717 RSMo Modification and termination of power of attorney — liability between
5.2K chars
404.717. Modification and termination of power of attorney — liability between principal and attorney in fact. — 1. As between the principal and attorney in fact or successor attorney in fact, and any agents appointed by either of them, unless the power of attorney is coupled wit…
§ 404.719 RSMo Exemption of third persons from liability
5.8K chars
404.719. Exemption of third persons from liability. — 1. A third person, who is acting in good faith, without liability to the principal or the principal's successors in interest, may rely and act on any power of attorney executed by the principal; and, with respect to the subjec…
§ 404.721 RSMo Liability as between principal and third person
1.2K chars
404.721. Liability as between principal and third person. — 1. As between the principal and third persons, the authority granted in a power of attorney shall terminate on the date of termination, if any, set out in the power of attorney or on the date when the third person acquir…
§ 404.723 RSMo Delegation of powers, successor attorneys in fact — court's powers,
3.2K chars
404.723. Delegation of powers, successor attorneys in fact — court's powers, appointments for incapacitated or disabled persons. — 1. An attorney in fact or successor from time to time may revocably delegate any or all of the powers granted in a durable power of attorney to one o…
§ 404.725 RSMo Compensation of attorney in fact
0.4K chars
404.725. Compensation of attorney in fact. — Subject to the provisions of the power of attorney and any separate agreement, an attorney in fact is entitled to reasonable compensation for services rendered to the principal as attorney in fact and reimbursement for reasonable expen…
§ 404.727 RSMo Accounting, determination of disability, modification and termination,
7.5K chars
404.727. Accounting, determination of disability, modification and termination, limitation or removal of attorney in fact and limitations for principal to bring actions. — 1. The principal may petition the court for an accounting by the principal's attorney in fact or the legal r…
§ 404.730 RSMo Scope and application of law — application of law to nondurable powers of
3.3K chars
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 a…
§ 404.731 RSMo Jurisdiction of probate division of circuit court — guardian or conservator
3.0K chars
404.731. Jurisdiction of probate division of circuit court — guardian or conservator ad litem appointed, when. — 1. The probate division of the circuit court may hear and determine all matters pertaining to acts and transactions of an attorney in fact performed or undertaken unde…
§ 404.735 RSMo Repeal of sections 486.550 to 486.595 does not affect validity of existing
1.8K chars
404.735. Repeal of sections 486.550 to 486.595 does not affect validity of existing durable powers of attorney. — 1. The repeal of the Missouri durable power of attorney law, sections 486.550 to 486.595, shall not affect the validity of durable powers of attorney created under th…
§ 404.737 RSMo Exceptions to amendments of durable power of attorney law enacted in 1997
0.6K chars
404.737. Exceptions to amendments of durable power of attorney law enacted in 1997. — The amendments to the durable power of attorney law of Missouri enacted in 1997 are effective August 28, 1997, and shall apply, except that, as to powers of attorney executed prior to January 1,…
§ 404.800 RSMo Short title
0.2K chars
404.800. Short title. — Sections 404.800 to 404.865 may be cited as the "Durable Power of Attorney for Health Care Act". -------- (L. 1991 S.B. 148)
§ 404.805 RSMo Definitions
0.8K chars
404.805. Definitions. — 1. As used in sections 404.800 to 404.865, the following terms mean: (1) "Certification", a written instrument or a written entry in a medical record; (2) "Incapacitated", a person who is unable by reason of any physical or mental condition to receive and …
§ 404.810 RSMo Applicability of general law
0.5K chars
404.810. Applicability of general law. — Section 404.710, section 404.714, section 404.705, subsections 1 and 2 of section 404.707, section 404.717, subsection 1 and 2 of section 404.723, section 404.727, and section 404.731 shall apply to powers granted under sections 404.800 to…
§ 404.815 RSMo Physician, health care facility, not to serve as attorney in fact — exceptions
0.8K chars
404.815. Physician, health care facility, not to serve as attorney in fact — exceptions. — Notwithstanding any other provision of law to the contrary, an attending physician or an employee of the attending physician, or an owner, operator or employee of a health care facility in …
§ 404.820 RSMo Withdrawing or withholding treatment, specific authority required —
1.7K chars
404.820. Withdrawing or withholding treatment, specific authority required — restrictions. — 1. If a patient wishes to confer on an attorney in fact the authority to direct a health care provider to withhold or withdraw artificially supplied nutrition and hydration, the patient s…
§ 404.822 RSMo Health care decisions, attorney in fact to consider medical diagnosis
0.7K chars
404.822. Health care decisions, attorney in fact to consider medical diagnosis. — In making any health care decision in accordance with sections 404.800 to 404.865, the attorney in fact shall seek and consider information concerning the patient's medical diagnosis, the patient's …
§ 404.825 RSMo Examination of patient required, content
1.2K chars
404.825. Examination of patient required, content. — Unless the patient expressly authorizes otherwise in the power of attorney, the powers and duties of the attorney in fact to make health care decisions shall commence upon a certification by two licensed physicians based upon a…
§ 404.830 RSMo Physician, health care facility, may refuse decision of attorney in fact,
1.2K chars
404.830. Physician, health care facility, may refuse decision of attorney in fact, when — transfer from facility allowed. — 1. No physician, nurse, or other individual who is a health care provider or an employee of a health care facility shall be required to honor a health care …
§ 404.835 RSMo Execution of durable power of attorney not to be required
0.9K chars
404.835. Execution of durable power of attorney not to be required. — 1. It shall be unlawful for a physician, nurse or other individual who is a health care provider or an employee of a health care facility, hospital, nursing facility, residential care facility or other health c…
§ 404.840 RSMo Medical records to include durable power of attorney, when — effect
0.8K chars
404.840. Medical records to include durable power of attorney, when — effect. — 1. A copy of a power of attorney for health care decisions shall be made a part of the patient's medical record when the existence of the power of attorney becomes known to the patient's health care p…
§ 404.845 RSMo Death resulting from withholding treatment, not to be suicide or homicide,
0.7K chars
404.845. Death resulting from withholding treatment, not to be suicide or homicide, when. — 1. Nothing contained in sections 404.800 to 404.865 shall revoke, amend or limit the operation of chapter 565. 2. If the patient's death results from withholding or withdrawing life-sustai…
§ 404.847 RSMo Prior durable power of attorney remains valid, when
0.6K chars
404.847. Prior durable power of attorney remains valid, when. — Nothing contained in sections 404.800 to 404.865 shall be construed to invalidate any durable power of attorney executed prior to August 28, 1991, which permits an attorney in fact to make health care decisions for t…
§ 404.850 RSMo Revocation, procedure, effect
0.8K chars
404.850. Revocation, procedure, effect. — 1. A power of attorney for health care may be revoked at any time and in any manner by which the patient is able to communicate the intent to revoke. Revocation shall be effective upon communication of such revocation by the patient to th…
§ 404.855 RSMo Liability, immunity from, when
0.3K chars
404.855. Liability, immunity from, when. — A third person, if acting in good faith, may rely and act on the instruction of and deal with the attorney in fact acting pursuant to the authority granted in a power of attorney for health care without liability to the patient or the pa…
§ 404.865 RSMo Delegation of decision-making authority by attorney in fact prohibited, when
0.4K chars
404.865. Delegation of decision-making authority by attorney in fact prohibited, when. — Notwithstanding the provisions of subsection 1 of section 404.723, an attorney in fact shall not be authorized to delegate such health care decision-making power to another person unless expl…
§ 404.870 RSMo Handicapped or disabled, discrimination against not allowed
0.4K chars
404.870. Handicapped or disabled, discrimination against not allowed. — Nothing in sections 404.710 to 404.865 shall be construed to authorize, approve or condone discrimination against the handicapped or the disabled in the exercise of the authority of a durable power of attorne…
§ 404.872 RSMo Refusal to honor health care decision, discrimination prohibited, when
0.5K chars
404.872. Refusal to honor health care decision, discrimination prohibited, when. — No physician, nurse, or other individual who is a health care provider or an employee of a health care facility shall be discharged or otherwise discriminated against in his employment or employmen…