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Health Care Power of Attorney Requirements in Missouri

In Missouri, a durable power of attorney for health care must be signed, dated and acknowledged before a notary in the manner required for real estate deeds; the statute does not require witnesses.

Last checked . General information, not legal advice.

Missouri at a glance

Document name
Durable power of attorney for health care
Witnesses
None required
The execution rule of RSMo 404.705 (acknowledgment) applies; it does not call for witnesses.
Notary required
Yes
Must be acknowledged in the manner prescribed by law for conveyances of real estate.
Who cannot witness
Not applicable (no witnesses required)

Sources

Last checked

The rules in Missouri

What is a health care power of attorney called in Missouri?

Document name in Missouri: Durable power of attorney for health care.

How many witnesses does a health care power of attorney need in Missouri?

Witnesses in Missouri: None required. The execution rule of RSMo 404.705 (acknowledgment) applies; it does not call for witnesses.

Does a health care power of attorney have to be notarized in Missouri?

Yes. Notary required in Missouri: yes. Must be acknowledged in the manner prescribed by law for conveyances of real estate.

Who cannot witness a health care power of attorney in Missouri?

Who cannot witness in Missouri: Not applicable (no witnesses required).

Where do the Missouri health care power of attorney requirements come from?

The rules above come from Mo. Rev. Stat. 404.705, Mo. Rev. Stat. 404.810 and Mo. Rev. Stat. 404.815. Each source is linked on this page. We last checked them in October 2026.

Good to know

The attending physician, the physician's employees, and owners, operators or employees of a facility where the patient lives cannot serve as agent unless related within the second degree or members of the same religious community (RSMo 404.815).

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.