404.723. Delegation of powers, successor attorneys in fact--court's powers, appointments for incapacitated or disabled persons.

MISSOURI STATUTES AND CODES

404.723. Delegation of powers, successor attorneys in fact--court's powers, appointments for incapacitated or disabled persons.

Delegation of powers, successor attorneys in fact--court's powers,appointments for incapacitated or disabled persons.

404.723. 1. An attorney in fact or successor from time to time mayrevocably delegate any or all of the powers granted in a durable power ofattorney to one or more qualified persons, subject to any directions orlimitations of the principal expressed in the power of attorney, but theattorney in fact making the delegation shall remain responsible to theprincipal for the exercise or nonexercise of the powers delegated.

2. The principal in a durable power of attorney may revocably nameone or more qualified persons as successor attorneys in fact to exercisethe authority granted in the power of attorney in the order named in theevent a prior named attorney in fact resigns, dies, becomes disabled orincapacitated, is not qualified to act or refuses to act; and the principalin a durable power of attorney may revocably grant a power to anotherperson, designated by name, by office, or by function, including theinitial and any successor attorney in fact, whereby there may be revocablynamed at any time one or more successor attorneys in fact.

3. A delegated or successor attorney in fact need not indicate his orher capacity as a delegated or successor attorney in fact.

4. If a wholly or partially incapacitated or wholly or partiallydisabled person has provided for personal care or property management in anunrevoked durable power of attorney which the court finds is reasonablyadequate to provide guidance to the attorney in fact for the conduct of theprincipal's personal or business affairs, and there is no attorney in factor successor designated in the durable power of attorney who is willing,able and available to act, the court in lieu of appointing a full orlimited guardian or a full or a limited conservator may appoint any adultperson or financial institution as successor attorney in fact to actpursuant to the incapacitated or disabled principal's durable power ofattorney, with or without bond and with or without court supervision, uponsuch terms and conditions as the court may require. In lieu of or inaddition to appointing a successor attorney in fact or a limited or fullconservator for management of a disabled person's estate the court mayappoint any adult person or financial institution to act as personalcustodian of the disabled person's estate pursuant to section 404.510.None of the actions described in this subsection shall be taken by thecourt until after hearing upon reasonable notice to all persons identifiedin a verified statement supplied by the petitioner who is requesting suchaction identifying the immediate relatives of the principal and any otherpersons known to the petitioner to be interested in the welfare of theprincipal; except that in the event of an emergency as determined by thecourt, the court may, without notice, enter such temporary order as seemsproper to the court, but no such temporary order shall be effective formore than thirty days unless extended by the court after hearing onreasonable notice to the persons identified as herein provided.