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Durable Powers of Attorney in Missouri

Durable Powers of Attorney are instruments that literally everyone age 18 or over should have. Sooner or later the vast majority of us will be disabled and need for someone to handle our affairs.

From time to time, however, we get calls and questions about how they work after the person granting the power dies. It would be something like this: “Mom died. I have her power of attorney. Can I just keep writing checks on her account?”

Of course, the answer is no — at least NOT by virtue of the Power of Attorney. With only extremely limited exceptions, Powers of Attorney die with you. After death, access to property, money, etc. can only be handled through a trust, if it exists, or through a probate proceeding.

Again, everybody should have a Power of Attorney, but their purpose is limited and specific. They do not deal with every issue!  They are best used as part of an integrated, well designed and thought out plan.

Let us know if you need more information.

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