PERSONAL INJURY
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an attorney before using any information contained on this site.
The choice of an attorney is an important decision and is not to be made solely on the basis of advertising. Accessing or the use of this website does not create an attorney-client relationship with Case & Rajnoha. Confidential or time
sensitive information should not be sent through the use of this website. This website is intended to provide the reader with a general understanding about select legal topics, not to provide legal advice or opinion. You should consult with
an attorney before using any information contained on this site.
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call our office at: (636) 861-1111.
Our online form is available in order to help you more quickly,
please fill out the form below and click submit or if you prefer,
call our office at: (636) 861-1111.
West County Family Law
1190 Meramec Station Rd.
First Bank Bldg., Suite 203
Ballwin, MO 63021
636-861-1111
636-861-1127 fax
www.westcountyfamilylaw.com
1190 Meramec Station Rd.
First Bank Bldg., Suite 203
Ballwin, MO 63021
636-861-1111
636-861-1127 fax
www.westcountyfamilylaw.com
Contact West County Family Law online or call us at 636-861-1111 to schedule your initial consultation with one of our attorneys
so that you can learn more about your rights and options.
so that you can learn more about your rights and options.
West County Family Law
CALL FOR YOUR FREE TELEPHONE CONSULTATION 636-861-1111 |
West County Family Law
Ballwin, Mo. Office
Ballwin, Mo. Office
We're Here to Help You
We seek to help you through the legal problem confronting you. The first step is an easy one: call us for a free telephone consultation at
(636) 861-1111 to speak with our Ballwin family and criminal law attorneys. You can also contact us online. We accept Visa and MasterCard.
West County Family Law is located in Ballwin, Missouri, and serves the cities of St. Louis, Chesterfield, Fenton, Valley Park, Clayton, Creve
Coeur, Kirkwood, Des Peres, Webster Groves, Manchester, Eureka, Hillsboro, Maryland Heights, Town and Country, Ellisville, Frontenac,
Wildwood, Ladue and Crestwood. We also serve other communities in St. Louis County, Jefferson County, St. Charles County, West County
and South County.
West County Family Law - Power of Attorney
Joel Case & Sally Rajnoha
Joel Case & Sally Rajnoha
| West County Family Law |
Missouri Revised Statutes
Chapter 404
Transfers to Minors--Personal Custodian and Durable Power of Attorney
Section 404.705.1
August 28, 2016
Durable power of attorney, procedure to create, requirements, effect, recording not required, exception--person appointed
has no duty to exercise authority conferred, exception.
404.705. 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 and .
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.
(L. 1989 H.B. 145 § 3, A.L. 1997 S.B. 265)
Chapter 404
Transfers to Minors--Personal Custodian and Durable Power of Attorney
Section 404.705.1
August 28, 2016
Durable power of attorney, procedure to create, requirements, effect, recording not required, exception--person appointed
has no duty to exercise authority conferred, exception.
404.705. 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 and .
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.
(L. 1989 H.B. 145 § 3, A.L. 1997 S.B. 265)