404.703. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

404.703. As used in sections 404.700 to 404.735 the following termsmean:

(1) "Attorney in fact", an individual or corporation appointed to actas agent of a principal in a written power of attorney;

(2) "Court", the circuit court including the probate division of thecircuit court;

(3) "Disabled" or "incapacitated", a person who is wholly orpartially disabled or incapacitated as defined in section 475.010, RSMo, orin a similar law of the place having jurisdiction of the person whosecapacity is in question;

(4) "Durable power of attorney", a written power of attorney in whichthe authority of the attorney in fact does not terminate in the event theprincipal becomes disabled or incapacitated or in the event of lateruncertainty as to whether the principal is dead or alive and which complieswith subsection 1 of section 404.705 or is durable under the laws of any ofthe following places:

(a) The law of the place where executed;

(b) The law of the place of the residence of the principal whenexecuted; or

(c) The law of a place designated in the written power of attorney ifthat place has a reasonable relationship to the purpose of the instrument;

(5) "Legal representative", a decedent's personal representative, aguardian of a person or the conservator of the estate of a person, whetherdenominated as general, limited or temporary, or a person legallyauthorized to perform substantially the same functions;

(6) "Person", an individual, corporation, or other legal entity;

(7) "Personal representative", a legal representative of a decedent'sestate as defined in section 472.010, RSMo;

(8) "Power of attorney", a written power of attorney, either durableor not durable;

(9) "Principal's family", the principal's parent, grandparent, uncle,aunt, brother, sister, son, daughter, grandson, granddaughter and theirdescendants, 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 thatacts on a request from, contracts with, relies on or otherwise deals withan attorney in fact pursuant to authority granted by a principal in a powerof attorney and includes a partnership, either general or limited,governmental agency, financial institution, issuer of securities, transferagent, securities or commodities broker, real estate broker, titleinsurance company, insurance company, benefit plan, legal representative,custodian or trustee.