Why You Need a Durable Power of Attorney in Missouri – And Why You Might Want to Revoke It
Finder Law Serves Clients Across Jefferson City, Columbia, and Central Missouri
Kara McNabb • May 29, 2025
Why You Need a Durable Power of Attorney in Missouri – And Why You Might Want to Revoke It
When it comes to planning for the future, one important but often overlooked legal tool is a Durable Power of Attorney (DPOA). This legal document allows you to appoint someone to make decisions on your behalf if you become incapacitated or otherwise unable to manage your affairs. In Missouri, as in other states, the durable power of attorney is an essential part of comprehensive estate planning. However, there may come a time when you need to revoke or change it. Here's why having a DPOA is important and when and why you might want to revoke it.
What is a Durable Power of Attorney?
A Durable Power of Attorney (DPOA) is a legal document that grants someone the authority to act on your behalf in the event that you become incapacitated, whether due to illness, injury, or other reasons. The term “durable” means that the document remains in effect even if you are no longer able to make decisions for yourself (unlike a regular power of attorney, which typically becomes invalid if the principal loses mental capacity).
In Missouri, a DPOA can cover a wide range of decisions, including financial, medical, or personal decisions. You can specify exactly what powers your chosen agent has, and whether those powers are broad or limited to specific tasks. For example, you can grant your agent the power to manage your finances, handle medical decisions, or even make decisions related to your real estate or business interests.
Why You Need a Durable Power of Attorney in Missouri
- Peace of Mind:
Having a DPOA in place ensures that someone you trust will be able to handle your affairs if you become incapacitated. Without this legal document, your family may have to go through a lengthy and expensive court process (a guardianship proceeding) to appoint someone to manage your affairs, which can be both emotionally and financially draining. - Avoiding Family Conflicts:
A DPOA allows you to clearly designate who you want to take control of your financial and medical decisions. This can prevent confusion and disputes among family members during what is often a stressful time. Clear instructions reduce the risk of disagreements about your care and how your finances are managed. - Financial Protection:
If you become incapacitated and there is no DPOA in place, someone will need to apply to the court for guardianship to handle your finances. This process can be time-consuming, and your assets may not be managed promptly. A DPOA allows a trusted person to act quickly to pay bills, access accounts, and manage investments, ensuring your financial well-being is protected. - Medical Decisions:
A DPOA can also appoint someone to make medical decisions for you in the event you are unable to do so yourself. This ensures that your medical treatment aligns with your wishes, even if you cannot communicate them at the time.
When and Why You Might Want to Revoke a Durable Power of Attorney
While a DPOA is a powerful tool for managing your affairs, there are times when you may decide that revoking it is necessary. Here are some of the most common reasons why people in Missouri choose to revoke their DPOA:
- Change of Trust:
If the person you’ve appointed as your agent no longer meets your trust or you no longer feel comfortable with them handling your affairs, you may choose to revoke your DPOA and appoint someone else. This is a common scenario when a relationship with the agent has changed (e.g., divorce, falling out, or loss of trust). - Agent’s Incapacity or Inability to Serve:
If your designated agent becomes incapacitated, unwilling, or unable to serve in their role, you’ll need to revoke the existing DPOA and appoint a new agent. It’s critical that your appointed agent is both willing and able to act on your behalf when needed. - Change in Circumstances:
If your circumstances change (for example, you move to another state, experience a change in your health, or your financial situation shifts), you might want to update or revoke your DPOA. This ensures that your legal documents align with your current situation and preferences. - Agent Overstep:
If your agent begins to act outside the scope of their authority or in a way that doesn’t align with your wishes, you can revoke the DPOA. This can happen if your agent makes decisions that go against your best interests or misuses their authority. - You’re No Longer Incapacitated:
If you initially executed a DPOA because of concerns about becoming incapacitated, but you recover and are no longer concerned about losing capacity, you might choose to revoke the DPOA. This would end the agent’s authority to act on your behalf.
How to Revoke a Durable Power of Attorney in Missouri
Revoking a DPOA in Missouri is relatively simple, but it’s essential to follow the proper steps to ensure the revocation is legally binding.
- Execute a Revocation Document:
To revoke your DPOA, you must create a written revocation document that explicitly states that the previous power of attorney is revoked. It should include your name, the name of the person you originally appointed as your agent, and a statement that the DPOA is no longer in effect. - Notify Your Agent:
Once you’ve executed the revocation document, you should notify your agent in writing. It’s important that your agent knows they no longer have authority to act on your behalf. You should also provide copies of the revocation to any institutions or individuals who had a copy of the original DPOA, such as your bank, healthcare providers, or any business partners. - Destroy All Copies of the DPOA:
To prevent any confusion, you should destroy all original and copies of the revoked DPOA. This ensures that no one has access to the old document and the authority granted to the previous agent is clearly revoked. - Create a New DPOA (if applicable):
If you wish to appoint a new agent, you should create a new durable power of attorney to reflect the change. It’s a good idea to consult with an attorney to ensure that your new document accurately reflects your current wishes and complies with Missouri law.
Final Thoughts
A Durable Power of Attorney is an essential tool for protecting yourself and your loved ones if you become incapacitated. It provides peace of mind knowing that someone you trust will make decisions in your best interest. However, it’s important to regularly review and, if necessary, revoke or update the document to reflect changes in your circumstances and relationships.
If you're unsure about how to set up a DPOA or revoke one in Missouri, it's always best to consult with an experienced estate planning attorney like Daniel Finder at Finder Law, LLC. We can guide you through the process and help ensure that your legal documents align with your wishes. Remember, planning for the future today will save you and your loved ones from potential difficulties tomorrow.
This blog is for informational purposes only and does not constitute legal advice. For specific guidance, please contact our office directly.
Running a business in Missouri often involves extending credit to customers, clients, or other businesses. While most customers pay their bills on time, unpaid debts can create significant cash flow issues and affect the overall health of your business. Fortunately, Missouri law provides several avenues for business owners to pursue collection of unpaid debts. Understanding your options and the proper legal procedures can help you recover the money you are owed efficiently and effectively.
A two-vehicle crash occurred on Wednesday evening on I-70 in Cooper County. At 5:48 pm, a Sedalia man driving a 2012 Nissan Frontier went off the roadway on Westbound I-70 in Cooper County to avoid the driver of a 2021 Westenstar 4700. The Nissan then went off the right side of the roadway and overturned. The driver of the 2021 Westenstar 4700 was taken to University Hospital by ambulance with minor injuries. Highway crashes are often especially dangerous because of higher speeds, heavier traffic, and limited reaction time, which can turn even a brief mistake into a serious collision. Victims frequently suffer traumatic brain injuries, spinal and neck injuries, broken bones, and internal injuries that may require extensive medical treatment and time away from work. If you or a loved one has been hurt in a highway crash, contact Daniel Finder at Finder Law, LLC to discuss your legal options and pursue the compensation you deserve. All facts of the incident are based on preliminary reporting done by The Missouri State Highway Patrol.
A staff member suffered minor injuries when a Montgomery County school bus was hit by a car Wednesday morning. The Montgomery County R-2 bus was hit at about 7:30 a.m. on Highway 19 near Route WW just north of New Florence, according to a Missouri State Highway Patrol crash report. A Hyundai Elantra driven by a 35-year-old Wellsville woman hit the bus after crossing the center line, the patrol reported. The Hyundai driver was taken by ambulance to Lake St. Louis Hospital with moderate injuries. The injured school employee, 63, of High Hill, was taken to the Hermann Area District Hospital with minor injuries. The one student on the bus was not hurt, said Superintendent Brian White. When a vehicle crosses the center line on a highway, the resulting crash is often violent due to high speeds and the risk of a head-on impact. These collisions frequently cause traumatic brain injuries, neck and spinal injuries, broken bones, internal organ damage, and severe soft-tissue injuries that can have lasting effects. In the most serious cases, victims are left facing long-term medical care, lost income, and permanent disabilities. If you or a loved one has been injured in a center-line crash, contact Daniel Finder at Finder Law, LLC to discuss your legal options and protect your right to full compensation. All facts of the incident are based on preliminary reporting done by The Missouri State Highway Patrol and KMIZ.
Custody arrangements in Missouri are designed to be flexible to reflect the best interests of the child. Even after a court has modified a parenting plan, disagreements between parents can still arise. Issues such as extracurricular activity costs, changes in school or school districts, and other daily parenting decisions can create tension and confusion. Understanding how to navigate custody disagreements after a modification can help parents protect their rights and maintain stability for their children.
A vehicle hit a pedestrian on a Cole County road Friday morning, closing it for an hour. Sgt. Kyle Green with the Missouri State Highway Patrol said troopers were investigating the pedestrian crash on Route Y near Helias Road just after 9 a.m. Green said the pedestrian was hurt, but he did not know the severity of those injuries. An ABC 17 News photographer on scene saw law enforcement and Cole County EMS. A photographer said first responders opened the road back up just after 10 a.m. A Missouri State Highway Patrol crash report says a 39-year-old Gravois Mills man was seriously injured in the crash and was brought to University Hospital by ambulance. The report says a 21-year-old Jefferson City man drove a 2008 Chevrolet Impala and failed to yield to a stationary vehicles stopped in the roadway. The man drove the Chevrolet across the center of the roadway and hit the pedestrian, the report says. An MSHP spokesman told ABC 17 News that the pedestrian was hit after they stepped off a trash truck. The Chevrolet had extensive damage and the driver had no reported injuries. When a pedestrian is struck by a vehicle, the results are often catastrophic. Without the protection of a car’s frame, even a low-speed impact can cause devastating injuries such as fractures, internal trauma, or permanent disability. Medical costs, lost income, and long-term recovery can quickly become overwhelming. If you or someone you love has been hit by a car, you don’t have to face the aftermath alone— contact Daniel Finder at Finder Law, LLC for skilled personal injury representation and compassionate guidance every step of the way. All facts of the incident are based on preliminary reporting done by The Missouri State Highway Patrol and KMIZ.
Two men were seriously injured Wednesday afternoon in a pickup truck crash on Missouri Route 19 in Montgomery County. A 60-year-old Owensville man was severely injured Wednesday afternoon in a single- vehicle accident on Missouri Route 19 in Montgomery County. According to a Missouri State Highway Patrol (MSHP) crash report, the incident happened around 4:09 p.m. when a southbound 2015 Toyota Tundra pickup truck ran off the roadway near Loutre Bend Road, careened down an embankment, and crashed into multiple trees. A passenger, identified as a 60-year-old Owensville man, was ejected and severely injured. He was transported to University Hospital for treatment. The 28-year-old St. Clair man driving was brought to Mercy Hospital. Car crashes can cause devastating injuries. A momentary distraction can lead to serious consequences such as broken bones, spinal damage, or traumatic brain injuries—often leaving victims with lasting pain and financial strain. If you or a loved one has been injured, contact Daniel Finder at Finder Law, LLC to discuss your rights and explore your options for recovery. All facts of the incident are based on preliminary reporting done by The Missouri State Highway Patrol and The Legal Advocate.
Being held in contempt of court in Missouri is a serious legal matter that can have significant consequences. Contempt occurs when an individual disobeys a court order, disrupts court proceedings, or otherwise fails to comply with the authority of the court. Understanding the types of contempt, reasons someone may be held in contempt, and the potential consequences is essential for anyone involved in legal proceedings.
Contracts are a fundamental part of everyday life and business in Missouri. From employment agreements and real estate transactions to service contracts and business partnerships, contracts help define each party’s rights and obligations. When one party fails to live up to their end of the bargain, a breach of contract may occur —often leading to financial loss, disputes, and potential litigation. If you believe a contract has been breached, understanding Missouri contract law and your legal options is an important first step.
A rear-end accident along MO-52 left two men injured on Wednesday afternoon near Quarry Ln, prompting a response from area emergency services. According to the Missouri State Highway Patrol, the crash occurred at approximately 3:30 p.m. when a 2023 Ford Transit van, driven westbound by a 33-year-old man from Eldon, struck the rear of a 2001 Dodge Dakota that was stopped in the westbound lane. The impact caused significant damage to both vehicles, with the Dakota sustaining total damage. Both came to rest on the roadway facing westbound. The driver of the Dodge, a 72-year-old man from Versailles, was not wearing a seatbelt and sustained moderate injuries. He was transported by Mid-Mo Ambulance to Lake Regional Hospital for further treatment. The Ford driver initially refused care but was later listed with moderate injuries and taken to the same facility. Garbers Towing removed both vehicles from the scene as troopers with Troop F completed their investigation. The cause of the crash remains under review. Rear-end crashes may seem minor at first, but they often cause serious and lasting injuries. Victims commonly suffer whiplash, neck and back injuries, herniated discs, concussions, spinal injuries, and soft-tissue damage that can worsen over time. The sudden force of being struck from behind can also lead to chronic pain, limited mobility, and missed time from work, even when vehicle damage appears minimal. If you or a loved one was injured in a rear-end collision, call Daniel Finder at Finder Law, LLC to discuss your options and get experienced personal injury representation. All facts of the incident are based on preliminary reporting done by The Missouri State Highway Patrol.
Missouri State Highway Patrol troopers are investigating a crash that left one person dead involving two tractor trailers and one SUV, according to MSHP Troop F Sgt. Kyle Green. The crash happened between Centralia and Mexico on Missouri 22, near Audrain Road 215, according to an MSHP post. As of 9 a.m. Wednesday, the Missouri Department of Transportation planned to keep the highway closed for at least four more hours, according to Little Dixie Fire Protection District Chief Jason Henry. Emergency crews were first dispatched on reports of a semitruck on fire a few hours earlier that morning, Henry said. They were then paged again, but this time on reports of a second semitruck being rolled over and an SUV involved in the crash, according to the fire chief. Henry told KOMU 8 it appeared the SUV driver was ejected from the vehicle, adding the scene remains active. KOMU 8 was on the scene and saw one of the trucks involved was an Ameren vehicle. When a car is hit by a semi-truck, the sheer size and weight of the truck often lead to catastrophic injuries. Victims may suffer traumatic brain injuries, spinal cord damage, crushed or broken bones, internal organ injuries, severe burns, and permanent disabilities, even in crashes that happen at relatively low speeds. These collisions frequently result in long recovery periods, overwhelming medical bills, and time away from work, while trucking companies and insurers move quickly to protect themselves. If you or someone you love has been injured in a crash involving a semi, call Daniel Finder at Finder Law, LLC to protect your rights and pursue the personal injury compensation you deserve. All facts of the incident are based on preliminary reporting done by The Missouri State Highway Patrol and KOMU.
