Missouri Revised Statutes
Chapter 404
Transfers to Minors--Personal Custodian and Durable Power of Attorney
←404.731
Section 404.735.1
404.737→
August 28, 2015
Repeal of sections 486.550 to 486.595 does not affect validity of existing durable powers of attorney.
404.735. 1. The repeal of the Missouri durable power of attorney law,
sections 486.550 to 486.595, shall not affect the validity of durable powers
of attorney created under that law, the validity of the acts and transactions
of attorneys in fact under authority granted in durable powers of attorney
executed under that law, or the duties of attorneys in fact under durable
powers of attorney executed under that law.
2. The provisions of sections 404.700 and 404.703, subsections 2, 3 and
4 of section 404.705, and sections 404.707 to 404.735 henceforth apply to
durable powers of attorney executed before August 28, 1989, insofar as the
application of sections 404.700 to 404.735 does not impair constitutionally
vested rights.
3. A power of attorney that complies with the provisions of subsection 1
of section 404.705 and that was executed before August 28, 1989, is durable
and valid after August 28, 1989.
4. A durable power of attorney executed under prior law need not be
recorded as provided in that law to be effective and durable except as to
conveyances of real estate; and the appointment of a legal representative for
the principal or the principal's estate shall not require an accounting by an
attorney in fact acting under a power of attorney executed under prior law,
unless ordered by a court pursuant to a petition to the court under section
404.727.
5. Compliance with the provisions of subsection 1 of section 404.705 is
not required for durability of a power of attorney executed prior to January
1, 1990, if the form of the power of attorney was sufficient for durability
under subdivision (2) of section 486.555, RSMo 1986.
(L. 1989 H.B. 145 § 16)
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