Title XXVI, TRADE AND COMMERCE

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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…