404.730. Scope and application of law--application of law to nondurable powers of attorney.

MISSOURI STATUTES AND CODES

404.730. Scope and application of law--application of law to nondurable powers of attorney.

Scope and application of law--application of law to nondurable powersof attorney.

404.730. 1. Sections 404.700 to 404.735 apply to the acts andtransactions in this state of attorneys in fact under powers of attorneyexecuted in this state or by residents of this state; and also apply toacts and transactions of attorneys in fact in this state or outside thisstate under powers of attorney that refer to the durable power of attorneylaw of Missouri in the instrument creating the power of attorney, if any ofthe following conditions are met:

(1) The principal or attorney in fact was a resident of this state atthe time the power of attorney was executed;

(2) The powers and authority conferred relate to property, acts ortransactions in this state;

(3) The acts and transactions of the attorney in fact or successoroccurred or were to occur in this state;

(4) The power of attorney was executed in this state; or

(5) There is otherwise a reasonable relationship between this stateand the subject matters of the power of attorney.

The power of attorney so created remains subject to sections 404.700 to404.735 despite a subsequent change in residence of the principal or theattorney in fact and any successor, or the removal from this state ofproperty which was the subject of the power of attorney.

2. A person who acts as an attorney in fact or successor pursuant toa power of attorney governed by sections 404.700 to 404.735 is subject topersonal jurisdiction in this state with respect to matters relating toacts and transactions of the attorney in fact or successor performed inthis state, performed for a resident of this state or affecting property inthis state.

3. Sections 404.700 to 404.735 shall not be construed as providing anexclusive method for creating powers of attorney that are in fact durableor that may be durable as to one or more acts by reason of the fact thatthe attorney in fact or other person has a property or contract interest inthe authority conferred.

4. Sections 404.700 to 404.735 shall not be construed to apply topowers of attorney that are not durable except where specifically sostated; and sections 404.700 to 404.735, insofar as they apply to powers ofattorney that are not durable, are intended to be declaratory of existinglaw.

5. A durable power of attorney that purports to have been made underthe provisions of the uniform durable power of attorney act or asubstantially similar law of another state is governed by the law of thedesignated state and, if durable where executed, is durable and may becarried out and enforced in this state.

6. A power of attorney, whether durable or not, executed by aresident of another state, may authorize the carrying out in this state ofall acts permitted to be delegated to an agent by the laws of the state ofthe residence of the principal, the laws of the state where the power ofattorney is executed, or the laws of this state, whichever law is mostfavorable toward authorizing such delegation, and is durable if sodesignated either under the laws of this state, under the laws of the stateof residence of the principal, or under the laws of the state where thepower of attorney is executed.