reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.490 - Custodian designation by person indebted to beneficiary, who may serve — court approval required, court's powers.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1986
404.490. Custodian designation by person indebted to beneficiary, who may serve — court approval required, court's powers. —
1. If there is no appointed conservator for administration of an incapacitated beneficiary's estate, any person indebted to an incapacitated beneficiary, including a personal representative, trustee, benefit plan, insurance company, agency of any state or of the United States, or any person holding property belonging to an incapacitated beneficiary, not having a power from a donor to designate a personal custodian, may designate and transfer the property to any adult person or financial institution, including the transferor if a member of the beneficiary's family, as personal custodian for the incapacitated beneficiary under sections 404.400 to 404.650.
2. Approval of the court shall be obtained for any designation under subsection 1 of this section of a personal custodian that is not a financial institution, if the value of the property at the time of transfer to the designated personal custodian exceeds ten thousand dollars. The court may approve the designation under subsection 1 of this section of any person to act as personal custodian to hold and administer the property with or without bond and with or without court supervision, upon such terms as the court may require, and may order transfer of the property to a court supervised conservator.
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(L. 1986 S.B. 651 § 4 subsecs. 3, 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.500 - Acceptance of additional property by custodian, court approval required, court's powers.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1986
404.500. Acceptance of additional property by custodian, court approval required, court's powers. —
When a personal custodianship has been established for a beneficiary, the court may authorize the personal custodian to accept and receive into the personal custodianship any additional property that belongs to a beneficiary who is or has become incapacitated, with or without bond and with or without court supervision, upon such terms and conditions as the court may require.
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(L. 1986 S.B. 651 § 4 subsec. 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.510 - Court's designation of custodian, when — who may serve, court's powers.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1986
404.510. Court's designation of custodian, when — who may serve, court's powers. —
If the court determines under chapter 475 that full administration of an incapacitated person's estate is not required, the court may designate and direct that all or a part of the property owned by the incapacitated person be transferred to any adult person or financial institution, including a court appointed conservator or guardian, to hold and administer under sections 404.400 to 404.650 as personal custodian for the incapacitated beneficiary, with or without bond and with or without court supervision, upon such terms and conditions as the court may require.
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(L. 1986 S.B. 651 § 4 subsec. 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.520 - Custodian's rights in other property of beneficiary.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1986
404.520. Custodian's rights in other property of beneficiary. —
A personal custodian has no right because of designation as personal custodian to possession, control, income or proceeds of any property belonging to the beneficiary that is not transferred to the personal custodian by the beneficiary, a donor or a person indebted to the beneficiary, except as authorized by the court under sections 404.500 and 404.510.
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(L. 1986 S.B. 651 § 4 subsec. 8)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.530 - Qualifications of personal custodians, transfer to person not qualified, effect.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1989
404.530. Qualifications of personal custodians, transfer to person not qualified, effect. —
An adult person or financial institution shall not be qualified to be designated personal custodian for property of a beneficiary who is a resident of this state if the person or financial institution is not qualified to be appointed conservator of the estate of the beneficiary under subsection 2 of section 475.055 or if the financial institution is not legally authorized to do business in this state. A transfer of property to a person not qualified to act as personal custodian for the beneficiary under sections 404.400 to 404.650 subjects the person to removal as personal custodian under subsection 9 of section 404.590, but does not affect the beneficiary's ownership of the property and the immunities of third persons dealing with the personal custodian, nor relieve the unqualified person of any duties or responsibilities imposed on personal custodians under sections 404.400 to 404.650.
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(L. 1986 S.B. 651 § 4 subsec. 5, A.L. 1989 H.B. 145)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.545 - Custodial trusts, transfer of property, how — legal title, beneficial title, held how — laws applicable to.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1989
404.545. Custodial trusts, transfer of property, how — legal title, beneficial title, held how — laws applicable to. —
1. A personal custodianship for an adult beneficiary shall be treated as a custodial trust whenever property is transferred to any adult person or financial institution followed in substance with the words "as custodial trustee for ______ (name of beneficiary or beneficiaries) under the Missouri Personal Custodian Law".
2. When property is placed in the name of a custodial trustee, legal title to the custodial property resides in the custodial trustee and beneficial ownership of the custodial property is indefeasibly vested in the custodial beneficiary, subject to the provisions of sections 404.400 to 404.650.
3. A transfer of property to a custodial trustee under the Missouri personal custodian law incorporates in the transfer all the provisions of sections 404.400 to 404.650 and grants to the custodial trustee, beneficiary and third persons dealing with the custodial trustee, the respective powers, rights and immunities provided in sections 404.400 to 404.650. By holding property for a beneficiary as custodial trustee under sections 404.400 to 404.650, the custodial trustee assumes the obligation to administer the custodial property for the beneficiary as prescribed in sections 404.400 to 404.650 and the provisions of any written trust agreement between the transferor or beneficiary and the custodial trustee.
4. The provisions in sections 404.400 to 404.650 respecting court proceedings, court jurisdiction and court powers shall apply to custodial trusts under this section to the same extent as they apply to personal custodianships.
5. The law applicable to trusts and trustees, including chapter 456, shall apply to custodial trusts under this section in addition to sections 404.400 to 404.650, insofar as such law does not conflict with sections 404.400 to 404.650.
6. An inter vivos or testamentary trust that is not a custodial trust under this section may incorporate any provision of sections 404.400 to 404.650 into the governing document of the trust; and the statute as incorporated shall apply with the same force of law as it applies to a custodial trust, including sections respecting court proceedings, court jurisdiction and court powers.
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(L. 1989 H.B. 145)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.580 - Compensation and expenses of custodian — bond required, when — custodian's claims not lien on custodial property.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1986
404.580. Compensation and expenses of custodian — bond required, when — custodian's claims not lien on custodial property. —
1. Subject to any written agreement with the beneficiary, a personal custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the personal custodian's duties.
2. Subject to any written agreement, a personal custodian who is not a donor may each year elect to receive from the custodial property reasonable compensation for services as personal custodian. If an election is not affirmatively made during the calendar year, the right to compensation for that year shall lapse.
3. A personal custodian is not required to give a bond for the performance of the personal custodian's duties unless required by court order.
4. No claim of a personal custodian for expenses or compensation shall constitute a claim or lien on custodial property transferred by the personal custodian to a third person or to the beneficiary.
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(L. 1986 S.B. 651 § 7)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.600 - Exemption of third person from liability.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1986
404.600. Exemption of third person from liability. —
A third person, including an issuer of securities, transfer agent, financial institution, broker, life insurance company, benefit plan, personal representative or trustee, in good faith and without court order, may act on the instructions of or otherwise deal with any person purporting to make a transfer under sections 404.400 to 404.650 or purporting to act in the capacity of a personal custodian, successor personal custodian or legal representative of a personal custodian and, in the absence of actual knowledge, is not responsible for determining:
(1) The validity of the purported personal custodian's or successor personal custodian's designation;
(2) The propriety of, or the authority under sections 404.400 to 404.650 or under a contract between the beneficiary and personal custodian for, any act of the purported personal custodian;
(3) The validity or propriety under sections 404.400 to 404.650 of any instrument or instructions executed or given by the person purporting to make a transfer under sections 404.400 to 404.650 or by the purported personal custodian;
(4) The propriety of the application or use of any custodial property by the personal custodian;
(5) The validity of a delivery of custodial property by a personal custodian or legal representative of a personal custodian to a successor personal custodian;
(6) The validity of a delivery of custodial property by the personal custodian to the beneficiary or whether the beneficiary is incapacitated at the time of the delivery; or
(7) Whether the beneficiary is under any legal disability or incapacity at the time or subsequent to when any act is performed by or for the beneficiary with respect to the personal custodianship.
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(L. 1986 S.B. 651 § 9)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.610 - Liability to third persons.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1986
404.610. Liability to third persons. —
1. A claim based on: (i) a contract entered into by a personal custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the personal custodianship, may be asserted against the custodial property by proceeding against the personal custodian in the custodial capacity.
2. A personal custodian is not personally liable:
(1) On a contract properly entered into in the custodial capacity unless the personal custodian fails to reveal that capacity and to identify the personal custodianship in the contract; or
(2) For an obligation arising from control of custodial property or for a tort committed during the personal custodianship unless the personal custodian is personally at fault.
3. A beneficiary is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the personal custodianship unless the beneficiary is personally at fault.
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(L. 1986 S.B. 651 § 10)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.630 - Uniformity of application and construction — not to be exclusive method of transferring property to an incapacitated person.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1986
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 subject of sections 404.400 to 404.650 among states enacting a similar law.
2. Sections 404.400 to 404.650 shall not be construed as providing an exclusive method of placing property in the custody of another person or transferring property to an incapacitated person.
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(L. 1986 S.B. 651 § 12)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.640 - Jurisdiction for transfers to personal custodianship.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1986
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 provisions of chapter 472 apply to judicial proceedings involving personal custodianships to the extent they apply to judicial proceedings involving trusts and are not inconsistent with sections 404.400 to 404.650.
3. If the probate division of the circuit court appoints a guardian or conservator for a beneficiary of a personal custodianship, after notice and hearing, the court may specify in an order the duties and responsibilities of the beneficiary's legal representatives and personal custodians and the manner in which they shall coordinate the exercise of their respective powers and duties for and on behalf of the beneficiary.
4. Upon the filing of any petition as provided in sections 404.400 to 404.650, the court shall issue an order directed to such persons and returnable on such notice as the court may require, to show cause why the relief prayed for in the petition should not be granted and, in due course, shall proceed to grant such relief as the court finds to be in the best interest of the beneficiary of the personal custodianship.
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(L. 1986 S.B. 651 § 13)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.648 - Conflicts of interest — guardian or conservator ad litem appointed, when, compensation.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1989
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 interested person, including a member of the beneficiary's family who may have a property right or claim against or an expectancy, reversionary or other interest in the estate of the beneficiary, or if it affirmatively appears to the court that the beneficiary is disabled or incapacitated and there is a possible conflict of interest between the beneficiary and the personal custodian or a custodial trustee, the court may appoint a guardian or conservator ad litem to represent the beneficiary in any proceeding to adjudicate any right affected by the possible conflict of interest. The guardian or conservator ad litem shall have only such authority as is provided in the order of appointment and shall serve until discharged by the court.
2. If a court appoints a guardian or conservator ad litem for the beneficiary, the court may, by order entered in the proceeding, provide reasonable compensation and reimbursement for expenses for the guardian or conservator ad litem and, in appropriate cases, allow the payment out of the custodial property of the beneficiary or enter a judgment for the amount as costs against some other person who is a party to the proceeding and whose conduct is determined by the court as giving rise to the necessity for the appointment of the guardian or conservator ad litem.
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(L. 1989 H.B. 145)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.650 - Law of Missouri to apply, when — other state's laws applicable, when.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1993
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 transfer the transferor, the beneficiary or the personal custodian is a resident of this state or the custodial property is located in this state. The personal custodianship so created remains subject to sections 404.400 to 404.650 despite a subsequent change in residence of a transferor, the beneficiary or the personal custodian, or the removal of custodial property from this state.
2. A person designated as a personal custodian under sections 404.400 to 404.650 is subject to personal jurisdiction in this state with respect to any matter relating to the personal custodianship.
3. A transfer that purports to be made and which is valid under the uniform custodial trust law, personal custodian law, or a substantially similar law, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer the transferor, the beneficiary or the custodian is a resident of the designated state or the custodial property is located in the designated state.
4. A transfer that purports to be made under the uniform custodial trust law of Missouri or the adult custodian law of Missouri is governed by sections 404.400 to 404.650.
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(L. 1986 S.B. 651 § 14, A.L. 1989 H.B. 145, A.L. 1993 S.B. 277)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.700 - Law, how cited.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1989
404.700. Law, how cited. —
Sections 404.700 to 404.735 may be cited as the "Durable Power of Attorney Law of Missouri".
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(L. 1989 H.B. 145 § 1)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.703 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1997
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 the circuit court;
(3)
"Disabled"
or
"incapacitated"
, a person who is wholly or partially disabled or incapacitated as defined in section 475.010 or in a similar law of the place having jurisdiction of the person whose capacity is in question;
(4)
"Durable power of attorney"
, a written power of attorney in which the authority of the attorney in fact does not terminate in the event the principal becomes disabled or incapacitated or in the event of later uncertainty as to whether the principal is dead or alive and which complies with subsection 1 of section 404.705 or is durable under the laws of any of the following places:
(a) The law of the place where executed;
(b) The law of the place of the residence of the principal when executed; or
(c) The law of a place designated in the written power of attorney if that place has a reasonable relationship to the purpose of the instrument;
(5)
"Legal representative"
, a decedent's personal representative, a guardian of a person or the conservator of the estate of a person, whether denominated as general, limited or temporary, or a person legally authorized to perform substantially the same functions;
(6)
"Person"
, an individual, corporation, or other legal entity;
(7)
"Personal representative"
, a legal representative of a decedent's estate as defined in section 472.010;
(8)
"Power of attorney"
, a written power of attorney, either durable or not durable;
(9)
"Principal's family"
, the principal's parent, grandparent, uncle, aunt, brother, sister, son, daughter, grandson, granddaughter and their descendants, whether of the whole blood or the half blood, or by adoption, and the principal's spouse, stepparent and stepchild;
(10)
"Third person"
, any individual, corporation or legal entity that acts on a request from, contracts with, relies on or otherwise deals with an attorney in fact pursuant to authority granted by a principal in a power of attorney and includes a partnership, either general or limited, governmental agency, financial institution, issuer of securities, transfer agent, securities or commodities broker, real estate broker, title insurance company, insurance company, benefit plan, legal representative, custodian or trustee.
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(L. 1989 H.B. 145 § 2, A.L. 1997 S.B. 265)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 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.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1997
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 attorney is not terminated in the event the principal becomes wholly or partially disabled or incapacitated or in the event of later uncertainty as to whether the principal is dead or alive if:
(1) The power of attorney is denominated a "Durable Power of Attorney";
(2) The power of attorney includes a provision that states in substance one of the following:
(a) "THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE IF I BECOME DISABLED OR INCAPACITATED OR IN THE EVENT OF LATER UNCERTAINTY AS TO WHETHER I AM DEAD OR ALIVE"; or
(b) "THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT, WHEN EFFECTIVE, SHALL NOT TERMINATE OR BE VOID OR VOIDABLE IF I AM OR BECOME DISABLED OR INCAPACITATED OR IN THE EVENT OF LATER UNCERTAINTY AS TO WHETHER I AM DEAD OR ALIVE"; and
(3) The power of attorney is subscribed by the principal, and dated and acknowledged in the manner prescribed by law for conveyances of real estate.
2. All acts done by an attorney in fact pursuant to a durable power of attorney shall inure to the benefit of and bind the principal and the principal's successors in interest, notwithstanding any disability or incapacity of the principal or any uncertainty as to whether the principal is dead or alive.
3. A durable power of attorney does not have to be recorded to be valid and binding between the principal and attorney in fact or between the principal and third persons, except to the extent that recording may be required for transactions affecting real estate under sections 442.360 and 442.370.
4. A person who is appointed an attorney in fact under a durable power of attorney has no duty to exercise the authority conferred in the power of attorney, whether or not the principal has become disabled or incapacitated, is missing or is held in a foreign country, unless the attorney in fact has agreed expressly in writing to act for the principal in such circumstances. An agreement to act on behalf of the principal is enforceable against the attorney in fact as a fiduciary without regard to whether there is any consideration to support a contractual obligation to do so. Acting for the principal in one or more transactions does not obligate an attorney in fact to act for the principal in subsequent transactions.
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(L. 1989 H.B. 145 § 3, A.L. 1997 S.B. 265)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.707 - Principal may appoint multiple attorneys in fact — authority may be joint or several — qualifications — persons disqualified.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1989
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 or more attorneys in fact shall or may be exercised either jointly or severally or in a manner, with such priority and with respect to such subjects as is provided in the power of attorney.
2. Any person, other than a person who is disqualified from being appointed a guardian or conservator of the principal under subsection 2 of section 475.055, shall be qualified to be designated an attorney in fact under a durable power of attorney.
3. The designation of a person not qualified to act as an attorney in fact for a principal under a durable power of attorney subjects the person to removal as attorney in fact but does not affect the immunities of third persons nor relieve the unqualified person of any duties or responsibilities to the principal or the principal's successors.
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(L. 1989 H.B. 145 § 4)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.712 - Name in which acts are performed and property held — property and accounts of principal to be kept separate — how identified.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1989
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 property and accounts separate and distinct from all other property and accounts in a manner to identify the property and accounts clearly as belonging to the principal.
2. An attorney in fact holding property for a principal complies with subsection 1 of this section if the property is held in the name of the principal, in the name of the attorney in fact as attorney in fact for the principal or in the name of the attorney in fact as personal custodian for the principal under the Missouri personal custodian law, uniform custodial trust law or similar law of any state.
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(L. 1989 H.B. 145 § 6)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.721 - Liability as between principal and third person.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1989
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 acquires actual knowledge of the death of the principal or that the authority granted in the power of attorney has been suspended, modified or terminated.
2. As between the principal and third persons, the acts and transactions of an attorney in fact are binding on the principal and the principal's successors in interest in any situation in which a third person is entitled to rely under section 404.719.
3. This section does not prohibit the principal, acting individually, and a third person from entering into a written agreement that sets forth their duties and liabilities as between themselves and their successors, and which expands or limits the application of sections 404.700 to 404.735, except that no agreement shall limit or restrict the right of the principal to act with respect to the third person through an attorney in fact appointed in a durable power of attorney.
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(L. 1989 H.B. 145 § 10)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.725 - Compensation of attorney in fact.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1989
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 expenses incurred as a result of acting as attorney in fact for the principal.
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(L. 1989 H.B. 145 § 12)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.735 - Repeal of sections 486.550 to 486.595 does not affect validity of existing durable powers of attorney.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1989
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 that law, the validity of the acts and transactions of attorneys in fact under authority granted in durable powers of attorney executed under that law, or the duties of attorneys in fact under durable powers of attorney executed under that law.
2. The provisions of sections 404.700 and 404.703, subsections 2, 3 and 4 of section 404.705, and sections 404.707 to 404.735 henceforth apply to durable powers of attorney executed before August 28, 1989, insofar as the application of sections 404.700 to 404.735 does not impair constitutionally vested rights.
3. A power of attorney that complies with the provisions of subsection 1 of section 404.705 and that was executed before August 28, 1989, is durable and valid after August 28, 1989.
4. A durable power of attorney executed under prior law need not be recorded as provided in that law to be effective and durable except as to conveyances of real estate; and the appointment of a legal representative for the principal or the principal's estate shall not require an accounting by an attorney in fact acting under a power of attorney executed under prior law, unless ordered by a court pursuant to a petition to the court under section 404.727.
5. Compliance with the provisions of subsection 1 of section 404.705 is not required for durability of a power of attorney executed prior to January 1, 1990, if the form of the power of attorney was sufficient for durability under subdivision (2) of section 486.555, RSMo 1986.
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(L. 1989 H.B. 145 § 16)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.737 - Exceptions to amendments of durable power of attorney law enacted in 1997.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1998
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, 1999, the laws in effect prior to August 28, 1997, shall apply if such prior laws shall be more favorable to construing said powers of attorney to:
(1) Be durable; or
(2) Grant a power sought to be exercised by the attorney-in-fact.
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(L. 1998 H.B. 1103 § 404.734 merged with S.B. 537)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.800 - Short title.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
404.800. Short title. —
Sections 404.800 to 404.865 may be cited as the "Durable Power of Attorney for Health Care Act".
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.805 - Definitions.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
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 evaluate information or to communicate decisions to such an extent that he lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness or disease is likely to occur;
(3)
"Patient"
, the principal of a durable power of attorney for health care under sections 404.800 to 404.865.
2. The definitions of section 404.703 shall apply to sections 404.800 to 404.865 except as modified by this section.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.810 - Applicability of general law.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
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 404.865. No other provisions of sections 404.700 to 404.735 shall apply to the durable power of attorney for health care act unless specifically incorporated by reference therein.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.815 - Physician, health care facility, not to serve as attorney in fact — exceptions.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
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 which the patient is a resident, shall not serve as an attorney in fact unless:
(1) The patient and attorney in fact are related by affinity or consanguinity within the second degree;
(2) The patient and attorney in fact are members of the same community of persons who are bound by vows to a religious life and who conduct or assist in the conducting of religious services and actually and regularly engage in religious, benevolent, charitable, or educational ministry, or the performance of health care services.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.820 - Withdrawing or withholding treatment, specific authority required — restrictions.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
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 shall specifically grant such authority in the power of attorney. This limitation shall not be construed to require that artificially supplied nutrition and hydration be continued when, in the medical judgment of the attending physician, the patient cannot tolerate it.
2. Notwithstanding any other provision of sections 404.800 to 404.865 to the contrary, no attorney in fact may, with the intent of causing the death of the patient, authorize the withdrawal of nutrition or hydration which the patient may ingest through natural means.
3. Attorneys in fact shall consider appropriate measures in accord with current standards of medical practice to provide comfort to the patient.
4. Before an attorney in fact or physician may authorize the withdrawal of nutrition or hydration which the patient may ingest through artificial means, the physician must:
(1) Attempt to explain to the patient the intention to withdraw nutrition and hydration and the consequences for the patient and to provide the opportunity for the patient to refuse the withdrawal of nutrition and hydration; or
(2) Insert in the patient's file a certification that the patient is comatose or consistently in a condition which makes it impossible for the patient to understand the intention to withdraw nutrition and hydration and the consequences to the patient.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.822 - Health care decisions, attorney in fact to consider medical diagnosis.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
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 prognosis and the benefits and burdens of the treatment to the patient. In withdrawing treatment, which withdrawal will allow the preexisting condition to run its natural course, the attorney in fact shall seek evidence of the medical diagnosis and the prognosis and the benefit and burden of the treatment to the patient to the extent possible within prevailing medical standards.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.825 - Examination of patient required, content.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
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 an examination of the patient that the patient is incapacitated and will continue to be incapacitated for the period of time during which treatment decisions will be required and the powers and duties shall cease upon certification that the patient is no longer incapacitated. One of the certifying physicians may be the patient's attending physician. The certification shall be made according to accepted medical standards. The determination of incapacity shall be periodically reviewed by the attending physician. The certification shall be incorporated into the medical records and shall set forth the facts upon which the determination of incapacity is based and the expected duration of the incapacity. Other provisions of this section to the contrary notwithstanding, certification of incapacity by at least one physician is required.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.830 - Physician, health care facility, may refuse decision of attorney in fact, when — transfer from facility allowed.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
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 decision of an attorney in fact if that decision is contrary to the individual's religious beliefs, or sincerely held moral convictions.
2. No hospital, nursing facility, residential care facility, or other health care facility shall be required to honor a health care decision of an attorney in fact if that decision is contrary to the hospital's or facility's institutional policy based on religious beliefs or sincerely held moral convictions unless the hospital or facility received a copy of the durable power of attorney for health care prior to commencing the current series of treatments or current confinement.
3. Any health care provider or facility which, pursuant to subsection 1 or 2 of this section, refuses to honor a health care decision of an attorney in fact shall not impede the attorney in fact from transferring the patient to another health care provider or facility.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.835 - Execution of durable power of attorney not to be required.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
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 care facility to require an individual to execute a durable power of attorney for health care as a condition for the provision of health care services or admission to a health care facility.
2. It shall be unlawful for an insurance company authorized to transact health insurance business in this state, nonprofit health care service plan, health maintenance organization, or other similar person or entity who contracts or agrees to the provision of health care benefits to require an individual to execute a durable power of attorney for health care as a condition to being insured or to receive benefits for health care services.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.840 - Medical records to include durable power of attorney, when — effect.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
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 provider and prior to the provider's taking any action pursuant to the decision of the attorney in fact.
2. Except to the extent the right is limited by the power of attorney or any federal law, an attorney in fact designated to make health care decisions has the same right as the patient to receive information regarding the proposed health care, to receive and review medical records and to consent to the disclosure of medical records. However, the right to access to medical records is not a waiver of any evidentiary privilege.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.845 - Death resulting from withholding treatment, not to be suicide or homicide, when.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
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-sustaining treatment in accordance with the terms of the durable power of attorney for health care act, the death shall not constitute a suicide or homicide for any purpose under any statute or other rule of law and shall not impair or invalidate any insurance, annuity or other type of contract that is conditioned on the life or death of the patient, any term of the contract to the contrary notwithstanding.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.847 - Prior durable power of attorney remains valid, when.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
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 the principal. The provisions of sections 404.710 and 404.820 henceforth apply to durable powers of attorney for health care executed prior to August 28, 1991. In the absence of a specific writing, decisions regarding nutrition and hydration must be made in accordance with state and federal law.
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(L. 1991 S.B. 148)
2023 Missouri Revised Statutes › Title XXVI - Trade and Commerce › Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney › Section 404.850 - Revocation, procedure, effect.

Title XXVI TRADE AND COMMERCE
Chapter 404
• Effective - 28 Aug 1991
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 the attorney in fact or to the attending physician or health care provider.
2. Upon learning of the revocation of a power of attorney for health care, the attending physician or other health care provider shall cause the revocation to be made a part of the patient's medical records.
3. Unless the power of attorney provides otherwise, execution by the patient of a valid power of attorney for health care revokes any prior power of attorney for health care.
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(L. 1991 S.B. 148)