Missouri Statute | Act | Code |Trade And Commerce| US Code - US Statute | Chapter 404 Transfers To Minors--personal Custodian And Durable Power

Sections 404.005 to 404.094 may be sited as the "Missouri
Transfers to Minors Law". (L. 1985 S.B. 35, et al. § 16)

As used in sections 404.005 to 404.094, unless the context
otherwise requires, the following terms shall mean:

(1) "Adult", an individual who has attained the age of twenty-one years,
notwithstanding that an individual may be an adult at a different age
under other laws of this state;

(2) "Benefit plan", any plan, contract, trust or account for the benefit
of employees, partners, members of an organization or an individual, in
which a person may designate a beneficiary for a plan benefit; the term
"benefit plan" is also used to refer to the fiduciary administering the
plan;

(3) "Broker", a person lawfully engaged in the business of effecting
transactions in securities or commodities for the broker's own account or
the account of others;

(4) "Conservator", a person appointed or qualified by a court to have
care and custody of the estate of a minor or a disabled or incapacitated
person, whether denominated as general, limited or temporary conservator,
or a person legally authorized to perform substantially the same
functions;

(5) "Court", the circuit court, including the probate division of the
circuit court;

(6) "Custodial property", all property belonging to a minor in the
possession and control of a custodian under sections 404.005 to 404.094
and includes the income and proceeds of that property;

(7) "Custodian", a person so designated in a manner prescribed in
sections 404.005 to 404.094 and includes a substitute custodian and
successor custodian;

(8) "Donor", a transferor who makes a present or future gift of property
to a minor by a transfer under sections 404.005 to 404.094 and includes a
person who holds a power of appointment to make a gift of the donor's
property in a similar manner;

(9) "Financial institution", a bank, trust company, savings and loan
company or association, or credit union, chartered and supervised under
state or federal law;

(10) "Guardian", a person appointed or qualified by a court to have care
and custody of the person of a minor or incapacitated person, whether
denominated as general, limited or temporary guardian, or a person
legally authorized to perform substantially the same functions;

(11) "Incapacitated person", a person who is wholly or partially unable
by reason of any physical or mental condition to receive and evaluate
information or to communicate decisions to such an extent that the person
lacks ability or capacity to manage his financial resources and is a
disabled or incapacitated person as defined in section 475.010, RSMo;

(12) "Legal representative", a decedent's personal representative, the
guardian of a person or the conservator of the estate of a person;

(13) "Member of the minor's family", the minor's parent, grandparent,
uncle, aunt, brother, sister and their descendants, whether of the whole
blood or the half blood, or by adoption, and the minor's spouse and
stepparent;

(14) "Minor", an individual who has not attained the age of twenty-one
years, notwithstanding that the individual may be an adult under other
laws of this state; the term "minor" is also used to refer to the
beneficiary of a custodianship established under sections 404.005 to
404.094 of this act*;

(15) "Person", an individual, corporation, organization, or other legal
entity;

(16) "Personal representative", an executor, administrator, successor
personal representative, independent personal representative, or special
administrator of a decedent's estate, whether court appointed or
qualified, or a person legally authorized to perform substantially the
same functions;

(17) "Property", any present or future interest in property, real or
personal, tangible or intangible, legal or equitable, and includes the
income and proceeds of that interest in property;

(18) "State", includes any state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or
possession subject to the legislative authority of the United States;

(19) "Transferor", a person who transfers property to a minor under
sections 404.005 to 404.094 of this act*. (L. 1985 S.B. 35, et al. § 1,
A.L. 1989 H.B. 145)

Property may be transferred to a person, who is a minor on the
date of the transfer, by transferring the property to a custodian for the
minor under sections 404.005 to 404.094. (L. 1985 S.B. 35, et al. § 2
subsec. 1)

A present transfer of property to a custodian for a minor, made
by a transferor in the manner prescribed in subdivisions (1), (2), (3)
and (5) of subsection 1 of section 404.047, is irrevocable and
indefeasibly vests ownership of the property in the minor subject to the
custodianship provided in sections 404.005 to 404.094 for the benefit of
the minor, and neither the minor nor the minor's legal representative has
any right, power, duty or authority with respect to the custodial
property except as prescribed in sections 404.005 to 404.094. (L. 1985
S.B. 35, et al. § 2 subsec. 2)

A provision in a will, trust, power of appointment, benefit
plan, life or endowment insurance policy, annuity or other contract, or a
pay or transfer on death direction, for a transfer of property to be made
in the future to a custodian for a minor, made by a donor in the manner
prescribed in subdivision (4) of subsection 1 of section 404.047, remains
revocable by the donor until the property becomes transferable in
accordance with the terms of the governing instrument to the minor or a
custodian for the minor under sections 404.005 to 404.094, unless
expressly made irrevocable at the time provision for the gift is made or
subsequently. (L. 1985 S.B. 35, et al. § 2 subsec. 3)

By transferring property to a custodian for a minor under
sections 404.005 to 404.094, the transferor incorporates in the transfer
all the provisions of sections 404.005 to 404.094 and grants to the
custodian and third persons dealing with the custodian the respective
powers, rights and immunities provided in sections 404.005 to 404.094. By
holding property for a minor as custodian under sections 404.005 to
404.094, the custodian assumes the obligation to administer the custodial
property for the minor as prescribed in sections 404.005 to 404.094. (L.
1985 S.B. 35, et al. § 2 subsec. 4)

A transfer of property under sections 404.005 to 404.094 may be
made to only one minor and only one person may be custodian of the
property transferred. A person may be a custodian of property for more
than one minor, but the custodian shall separately hold and administer
the custodial property for each minor. (L. 1985 S.B. 35, et al. § 2
subsec. 5)

A donor making a present transfer of property to a minor may
designate and transfer the property to any adult person or financial
institution, including the donor, as custodian for the minor under
sections 404.005 to 404.094. (L. 1985 S.B. 35, et al. § 3 subsec. 1, A.L.
1989 H.B. 145)

1. A donor making a future transfer of property to a beneficiary
under a will, trust, deed, power of appointment, benefit plan, life or
endowment insurance policy, annuity or other contract, or a pay or
transfer on death direction, may revocably designate, or grant to another
person a general or limited power to revocably designate, any adult
person or financial institution, including the holder of the power, as
custodian under sections 404.005 to 404.094 for a beneficiary who may be
a minor at the time the property becomes transferable.

2. When the property becomes transferable to the minor beneficiary, the
donor's personal representative, trustee, benefit plan, insurance
company, or contract obligor shall transfer the property to the
designated custodian in the manner prescribed in subdivisions (1), (2),
(3) and (5) of subsection 1 of section 404.047 for the type of property
to be transferred. If, at the time the property becomes transferable, the
minor beneficiary has attained twenty-one years of age, the custodian
designation shall lapse and the property may be transferred directly to
the beneficiary.

3. The designation of a custodian for a future transfer of property may
include the designation of one or more substitute custodians to whom the
property shall be transferred in the order named in the event the prior
named custodian declines or is not qualified to serve as custodian, or is
deceased or incapacitated. A donor or a person exercising a power from a
donor may revoke or change the designation of a custodian or substitute
custodian for a future transfer of property by revoking the designation
or making a new designation before the property becomes transferable. (L.
1985 S.B. 35, et al. § 3 subsecs. 2, 3, 4, A.L. 1989 H.B. 145)

1. If there is no appointed conservator for administration of a
minor's estate, any person indebted to a minor, including a personal
representative, trustee, benefit plan, insurance company, agency of any
state or of the United States, or any person holding property belonging
to a minor, not having a power from a donor to designate a custodian, may
designate and transfer the property to any adult person or financial
institution, including the transferor if a member of the minor's family,
as custodian for the minor under sections 404.005 to 404.094.

2. A minor who does not have an appointed conservator for administration
of the minor's estate may designate and transfer property that the minor
owns to any adult person or financial institution as custodian for the
minor under sections 404.005 to 404.094.

3. Approval of the court shall be obtained for any designation under
subsection 1 or 2 of this section of a custodian that is not a financial
institution, if the value of the property at the time of transfer to the
designated custodian exceeds ten thousand dollars. The court may approve
the designation under subsection 1 or 2 of this section of any person to
act as custodian to hold and administer the property with or without bond
and with or without court supervision, upon such terms as the court may
require, and may order transfer of the property to a court supervised
conservator. (L. 1985 S.B. 35, et al. § 3 subsec. 5, A.L. 1989 H.B. 145)

An adult person or financial institution shall not be qualified
to be designated custodian for property of a minor who is a resident of
this state if the person or financial institution is not qualified to be
appointed conservator of the estate of the minor under subsection 2 of
section 475.055, RSMo, or if the financial institution is not legally
authorized to do business in this state. A transfer of property to a
person not qualified to act as custodian for the minor under sections
404.005 to 404.094 subjects the person to removal as custodian under
subsection 11 of section 404.057, but does not affect the minor's
ownership of the property and the immunities of third persons dealing
with the custodian, nor relieve the unqualified person of any duties or
responsibilities imposed on custodians under sections 404.005 to 404.094.
(L. 1985 S.B. 35, et al. § 3 subsecs. 6, 7, A.L. 1989 H.B. 145)

1. When a custodianship has been established for a minor, the
court may authorize the custodian to accept and receive into the
custodianship any additional property that belongs to the minor, with or
without bond and with or without court supervision, upon such terms and
conditions as the court may require.

2. If the court determines under chapter 475, RSMo, that full
administration of a minor's estate is not required, the court may
designate and direct that all or a part of the property owned by the
minor be transferred to any adult person or financial institution,
including a court-appointed conservator or guardian, to hold and
administer under sections 404.005 to 404.094 as custodian for the minor,
with or without bond and with or without court supervision, upon such
terms and conditions as the court may require.

3. A custodian has no right, because of designation as custodian to
possession, control, income or proceeds of any property belonging to the
minor that is not transferred to the custodian by the minor, a donor or a
person indebted to the minor, except as authorized by the court under
subsection * 2 of this section. (L. 1985 S.B. 35, et al. § 3 subsecs. 8,
9, A.L. 1989 H.B. 145)

*Word "and" appears here in original rolls.

1. The designation of a custodian and transfer of property to
the custodian shall be made in the following manner:

(1) If the subject of the custodianship is property for which a
conveyance is filed with a recorder of deeds, property for which a
certificate of ownership or similar title instrument is issued by an
agency of any state or of the United States, property which is maintained
in registered name, property which is evidenced by a written instrument,
or property which is deposited in an account with a broker or financial
institution, by executing a deed, assignment, endorsement or other
appropriate writing placing the property in the name of the designated
custodian followed in substance by the words: "as custodian for
.............. (name of minor) under the Missouri Transfers to Minors
Law";

(2) If the subject of the custodianship is money or an unregistered
security, by having it paid or delivered to a broker or financial
institution for the account of the person designated custodian followed
in substance by the words: "as custodian for .............. (name of
minor) under the Missouri Transfers to Minors Law";

(3) If the subject of the custodianship is a transfer of property by the
irrevocable exercise of a power of appointment or a transfer of an
irrevocable present right to a future payment, by giving written notice
to the holder of the property or payment obligor that the property or
right is transferred to the person designated custodian followed in
substance by the words: "as custodian for .............. (name of minor)
under the Missouri Transfers to Minors Law";

(4) If the subject of the custodianship is to be a future transfer of
property under a will, trust, deed, power of appointment, benefit plan,
life or endowment insurance policy, annuity or other contract, or a pay
or transfer on death direction, by making the gift or beneficiary
designation in the name of the designated custodian followed in substance
by the words: "as custodian for .............. (name of minor) under the
Missouri Transfers to Minors Law", or by naming the minor as beneficiary
of the gift and providing for alternate distribution of the property to a
custodian for the minor under sections 404.005 to 404.094 in the event
the beneficiary is a minor at the time the property becomes transferable;

(5) If the subject of the custodianship is property not described in
subdivision (1), (2), (3) or (4) of this subsection, by causing the
property to be placed in the name of the designated custodian by a
written instrument in substantially the form set forth as follows:

TRANSFER UNDER THE MISSOURI

TRANSFERS TO MINORS LAW

I, .............., (name of donor or transferor and representative
capacity, if any) hereby assign and deliver to .............. (name of
custodian), as custodian for .............. (name of minor) under the
Missouri Transfers to Minors Law, the following:

(insert a description of the custodial property

sufficient to identify it). Dated: ..............

.........................

Signature

.............. (name of custodian) acknowledges receipt of the property
described above as custodian for the minor named above under the Missouri
Transfers to Minors Law. Dated: ..............

.........................

Signature of Custodian

2. A present transfer of property to a minor is complete and custodial
property is created when the custodian for the minor is designated in the
manner provided in subdivisions (1), (2), (3) and (5) of subsection 1 of
this section. A future transfer of property to a minor is complete and
custodial property is created when the property becomes transferable
under the governing instrument to a custodian for a minor designated in
the manner provided in subdivision (4) of subsection 1 of this section.

3. In addition to the writing required by subsection 1 of this section,
the transferor as soon as practicable shall do all things to put the
property in the possession and control of the custodian and provide the
custodian with such evidence of ownership as is customary for the
property involved, but the transfer of property to the minor is not
affected by a failure to comply with this subsection, the designation of
a person not qualified to be named custodian for the minor, or the death,
incapacity, resignation or renunciation of the person designated
custodian.

4. A written acknowledgment of delivery of the property by the custodian
constitutes a sufficient release and discharge for custodial property
transferred to the custodian under sections 404.005 to 404.094. (L. 1985
S.B. 35, et al. § 4)

1. A custodianship for a minor shall be treated as a custodial
trust for a minor whenever property is transferred to any adult person or
financial institution followed in substance with the words "as custodial
trustee for .......... (name of minor) under the Missouri Transfers to
Minors Law".

2. When property is placed in the name of a custodial trustee, legal
title to the custodial property resides in the custodial trustee and
beneficial ownership of the custodial property is indefeasibly vested in
the minor, subject to the provisions of sections 404.005 to 404.094.

3. A transfer of property to a custodial trustee under the Missouri
transfers to minors law incorporates in the transfer all the provisions
of sections 404.005 to 404.094 and grants to the custodial trustee, minor
and third persons dealing with the custodial trustee, the respective
powers, rights and immunities provided in sections 404.005 to 404.094. By
holding property for a minor as custodial trustee under sections 404.005
to 404.094, the custodial trustee assumes the obligation to administer
the custodial property for the minor as prescribed in sections 404.005 to
404.094 and the provisions of any written trust agreement between the
transferor and the custodial trustee.

4. The provisions in sections 404.005 to 404.094 respecting court
proceedings, court jurisdiction and court powers shall apply to custodial
trusts under this section to the same extent as they apply to
custodianships for minors.

5. The law applicable to trusts and trustees, including chapter 456,
RSMo, shall apply to custodial trusts under this section in addition to
sections 404.005 to 404.094, insofar as such law does not conflict with
sections 404.005 to 404.094.

6. An inter vivos or testamentary trust that is not a custodial trust
under this section may incorporate any provision of sections 404.005 to
404.094 into the governing document of the trust; and the statute as
incorporated shall apply with the same force of law as it applies to a
custodial trust, including sections respecting court proceedings, court
jurisdiction and court powers. (L. 1989 H.B. 145)

1. The custodian shall collect, hold, maintain, manage, invest
and reinvest the custodial property. The custodian may accept a transfer
of additional property for the same minor into the custodianship and may
consolidate into a single custodianship custodial property received for
the same minor from multiple transfers or transferors.

2. The custodian may deliver, pay over to the minor for expenditure by
the minor, or expend for the minor's benefit, so much of the custodial
property as the custodian determines advisable for the use and benefit of
the minor, without court order and without regard to the duty or ability
of the custodian in the custodian's individual capacity or of any other
person to support the minor, or any other income or property of the minor.

3. Upon the petition of a parent, guardian or conservator of a minor, an
adult member of the minor's family, any person interested in the welfare
of the minor, or of the minor if the minor has attained the age of
fourteen years, the court may order the custodian to expend or to pay
over to the minor or the minor's parent, guardian or conservator so much
of the custodial property as the court determines advisable for the use
and benefit of the minor.

4. Any delivery, payment or expenditure pursuant to subsections 2 and 3
of this section is in addition to, not in substitution for, and does not
affect, the obligation of any person to support the minor.

5. (1) To the extent that the custodial property has not been expended,
the custodian shall deliver the custodial property in an appropriate
manner, free of the custodianship, as follows:

(a) To the minor on attaining the age of twenty-one years, or on
attaining the age of eighteen years for custodial property created by a
transfer of property from a person other than a donor and the minor
requests the property; or

(b) On the minor's death, to the minor's estate.

(2) If the custodian does not deliver the custodial property to the minor
or the minor's estate as prescribed in subdivision (1) of this
subsection, the minor or the minor's personal representative may petition
the court to declare the custodianship terminated and to order delivery
of the custodial property to the minor or to the minor's estate free of
the custodianship.

(3) To the extent the custodial property is real property, a conveyance
and delivery of the real property by the minor after attaining the age at
which the minor is entitled to the property free of the custodianship, or
by the minor's heirs, or by the minor's personal representative, shall
terminate the custodian's powers, duties and rights with respect to the
real property.

(4) If the minor is an incapacitated person at the time the minor would
otherwise be entitled to receive the custodial property free of the
custodianship, the custodian shall deliver the custodial property to the
incapacitated person's conservator. If the incapacitated person has no
conservator, the custodian may transfer the custodial property to any
adult person or financial institution, including the custodian, as
personal custodian for the incapacitated person under any law providing
for custodianship of property for incapacitated adult persons.

6. The custodian is under a duty to act in the interest of the minor and
to avoid conflicts of interest that impair the custodian's ability to so
act. In dealing with the custodial property, the custodian shall observe
the degree of care that would be observed by a prudent person dealing
with the property and conducting the affairs of another, except that all
investments made on or after August 28, 1998, shall be in accordance with
the provisions of the Missouri prudent investor act, sections 456.900 to
456.913, RSMo. The custodian is not limited by any other statute
restricting investments or expenditures by fiduciaries. If the custodian
has special skills or is named custodian on the basis of representations
of special skills or expertise, the custodian is under a duty to use
those skills. The custodian, in the custodian's discretion and without
liability to the minor or the minor's estate, may retain any custodial
property received under sections 404.005 to 404.094, and may hold money
or securities in the financial institution or brokerage company to which
the property was delivered by the transferor.

7. The custodian may invest in and pay premiums out of custodial property
for life or endowment insurance policies on the life of the minor or the
life of another person in whom the minor has an insurable interest,
provided the insurance proceeds will be distributed on the death of the
insured life to the minor, the minor's estate or the custodian in the
custodian's representative capacity.

8. Subject to the degree of care prescribed in subsection 6 of this
section, the custodian, acting in the capacity of custodian for the
benefit of the minor, has all rights, power and authority over the
custodial property that unmarried, nonincapacitated adult owners have
over their own property, except the power to make a gift of the minor's
property unless the gift to be made is approved by a court.

9. The custodian at all times shall keep custodial property separate and
distinct from all other property in a manner to identify it clearly as
custodial property of the minor. Custodial property consisting of an
undivided interest in property is sufficiently separate and distinct if
the custodian's interest in the property is held as a tenant in common
with the other owners of the property and the minor's proportional
interest in the property is fixed. Custodial property is sufficiently so
identified if it is held in the name of the custodian in the manner
prescribed in section 404.707.

10. The custodian may establish checking, savings or other similar
accounts with financial institutions and brokers whereby both the
custodian and the minor may withdraw money from the account or draw
checks against the account. Money withdrawn from an account or checks
written against an account by the minor shall be treated as a delivery of
custodial property from the custodian to the minor.

11. Subject to the degree of care prescribed in subsection 6 of this
section, the custodian, acting in the capacity of custodian and for the
benefit of the minor, may borrow money, lend money, acquire by lease the
use of property for the minor, lease custodial property and enter into
contracts under which the performance required by such agreements may
extend beyond the date the custodianship terminates. The custodian shall
hold property that is borrowed or leased for the minor as custodial
property in the name of the custodian in the manner prescribed in section
404.047.

12. The custodian shall keep records of all transactions with respect to
the custodial property, including information necessary for preparation
of the minor's tax returns, and make them available for inspection at
reasonable intervals by a parent, the minor if the minor has attained the
age of fourteen years, an adult member of the minor's family if the minor
has no living parent, and a legal representative of the minor.

13. The minor's custodian may comply with an agreement with a transferor
of property to the minor, including an agreement respecting investment
objectives, expenses, compensation, resignation and naming of successor
custodians, to the extent that such agreement does not conflict with the
custodian's obligations to the minor under sections 404.005 to 404.094.
(L. 1985 S.B. 35, et al. § 5, A.L. 1989 H.B. 145, A.L. 1993 S.B. 277,
A.L. 1998 H.B. 1571)

1. A custodian is entitled to reimbursement from custodial
property for reasonable expenses incurred in the performance of the
custodian's duties.

2. A custodian who is not a donor may each year elect to receive from the
custodial property reasonable compensation for services as custodian. If
an election is not affirmatively made during the calendar year, the right
to compensation for that year shall lapse.

3. A custodian is not required to give a bond for the performance of the
custodian's duties unless required by court order.

4. No claim of a custodian for expenses or compensation shall constitute
a claim or lien on custodial property transferred by the custodian to a
third person or to the minor. (L. 1985 S.B. 35, et al. § 6)

1. A person designated as a custodian may decline to serve by
delivering a written renunciation to the person who made the designation
or to the transferor or the transferor's legal representative. If at the
time of the transfer there is no substitute custodian who is able and
willing to serve as custodian, the person who made the designation, a
person with a power from the donor to designate a custodian, the
transferor or the transferor's legal representative shall designate a
substitute custodian.

2. The custodian may revocably designate at any time one or more
successor custodians in a will or by executing and dating an instrument
of designation before a subscribing witness other than a successor
custodian. If the instrument of designation does not contain or is not
accompanied by the custodian's resignation, the designation of a
successor does not take effect until the custodian resigns, dies, becomes
incapacitated or is removed. Successor custodians serve in the order
named in the event a prior named custodian declines or is not qualified
to serve as custodian, or is deceased or incapacitated.

3. A custodian may resign at any time by delivering written notice to the
minor and the successor custodian and delivering the custodial property
and records of the custodianship to the successor custodian.

4. If the custodian dies or becomes incapacitated, the custodian's legal
representative shall transfer the custodial property to a successor
custodian. If no successor custodian has been effectively designated, the
custodian's legal representative shall designate as successor custodian
any adult person or financial institution in the manner prescribed in
subsection 2 of this section and deliver the custodial property to the
successor custodian.

5. The designation of a successor custodian by a custodian or the
custodian's legal representative may be included in the instrument
placing custodial property into the name of the successor custodian.

6. A custodian under the uniform gifts to minors law or similar law of
any state may transfer custodial property to himself as custodian or to a
successor custodian for the minor under the Missouri transfers to minors
law in the manner prescribed in section 404.047.

7. When a minor resides in a state other than Missouri, a custodian under
the Missouri uniform gifts to minors law or the Missouri transfers to
minors law may deliver the custodial property to any adult person or
financial institution as a successor custodian for the minor under the
uniform gifts to minors law, uniform transfers to minors law or similar
law of the state where the minor resides, if, under the laws of that
state, the custodianship will not terminate earlier than it would
terminate under section 404.051 and the ownership of the custodial
property will remain indefeasibly vested in the minor.

8. If the custodian or custodian's legal representative does not timely
designate a successor custodian, then:

(1) If the minor is over fourteen years of age, the minor may designate
an adult member of the minor's family, the minor's conservator or
guardian if the minor has one, or a financial institution as successor
custodian in the manner prescribed in subsection 2 of this section; or

(2) If the minor is under fourteen years of age, the minor, a guardian or
conservator of the minor, the transferor, legal representative of the
transferor, an adult member of the minor's family or any person
interested in the welfare of the minor, may petition the court to
designate a successor custodian.

9. A successor custodian shall hold the custodial property in the manner
prescribed in section 404.047 and need not indicate the custodial
capacity as a successor custodian.

10. A custodian who resigns, or the legal representative of a deceased or
incapacitated custodian, as soon as practicable, shall do all things
within that person's lawful power to put each item of the custodial
property and the records of the custodianship in the possession and
control of a successor custodian.

11. A minor who has attained the age of fourteen years, the minor's legal
representative, an adult member of the minor's family, a transferor, the
transferor's legal representative, a successor custodian, a person who
designated the custodian, or any person interested in the welfare of the
minor, for good cause shown, may petition the court to remove the
custodian, to designate a successor custodian, to require the custodian
to give bond and to order delivery of the custodial property and records
of the custodianship to the minor, a successor custodian or the minor's
legal representative. (L. 1985 S.B. 35, et al. § 7, A.L. 1989 H.B. 145)

A third person, including an issuer of securities, transfer
agent, financial institution, broker, life insurance company, benefit
plan, personal representative, or trustee, in good faith and without
court order, may act on the instructions of or otherwise deal with any
person purporting to make a transfer under sections 404.005 to 404.094 or
purporting to act in the capacity of a custodian, successor custodian or
legal representative of a custodian and, in the absence of actual
knowledge, is not responsible for determining:

(1) The validity of the purported custodian's or successor custodian's
designation;

(2) The propriety of, or the authority under sections 404.005 to 404.094
for, any act of the purported custodian;

(3) The validity or propriety under sections 404.005 to 404.094 of any
instrument or instructions executed or given by the person purporting to
make a transfer under sections 404.005 to 404.094 or by the purported
custodian;

(4) The propriety of the application or use of any custodial property by
the custodian;

(5) The validity of a delivery of custodial property by a custodian or
legal representative of a custodian to a successor custodian; or

(6) The validity of a delivery of custodial property by the custodian to
the minor or the age of the minor at the time of the delivery. (L. 1985
S.B. 35, et al. § 8)

1. A claim based on: (i) a contract entered into by a custodian
acting in a custodial capacity, (ii) an obligation arising from the
ownership or control of custodial property, or (iii) a tort committed
during the custodianship, may be asserted against the custodial property
by proceeding against the custodian in the custodial capacity.

2. A custodian is not personally liable:

(1) On a contract properly entered into in the custodial capacity unless
the custodian fails to reveal that capacity and to identify the
custodianship in the contract; or

(2) For an obligation arising from control of custodial property or for a
tort committed during the custodianship unless the custodian is
personally at fault.

3. A minor is not personally liable for an obligation arising from
ownership of custodial property or for a tort committed during the
custodianship unless the minor is personally at fault. (L. 1985 S.B. 35,
et al. § 9)

1. A minor who has attained the age of fourteen years, the
minor's legal representative, an adult member of the minor's family, a
person interested in the welfare of the minor, a transferor, a
transferor's legal representative, a successor custodian, or a person who
designated the custodian, may petition the court for an accounting by the
custodian or the custodian's legal representative.

2. In a proceeding under sections 404.005 to 404.094 of this act*, or in
any other proceeding, or upon the petition of the custodian, the court
may: (i) require or permit the custodian to account; (ii) authorize the
custodian to enter into any transaction, or approve, ratify, confirm and
validate any transaction entered into by the custodian, that the court
finds is, was or will be beneficial to the minor and which the court has
power to authorize for a conservator under chapter 475, RSMo; and (iii)
determine responsibility, as between custodial property and the custodian
personally, for claims against the custodial property unless the
responsibility has been adjudicated in an action under section 404.067.

3. If the custodian is removed under subsection 11 of section 404.057,
the court may order an accounting, order delivery of the custodial
property and records of the custodianship to the minor, a successor
custodian or the minor's legal representative, and order the execution of
all instruments required for the transfer of the custodial property.

4. Unless previously barred by adjudication, consent or limitations, any
cause of action against a custodian for accounting or breach of duty
shall be barred as to any minor who has received a final account or other
statement fully disclosing the matter and showing termination of the
custodianship for the minor unless a proceeding to assert the cause of
action is commenced within two years after receipt of the final account
or statement by a minor over eighteen years of age or, if the minor is
under eighteen years, or is an incapacitated or deceased person, by the
legal representative of the minor's estate; except that, if no final
account or statement is provided by the custodian or if there is no legal
representative of the minor's estate, then such cause of action shall not
be barred until two years after the date the minor attains twenty-one
years of age or the incapacity is removed, or one year after the minor's
death. The cause of action thus barred does not include any action to
recover from a custodian for fraud, misrepresentation or concealment
related to the final settlement of the custodianship, or concealment of
the existence of the custodianship. (L. 1985 S.B. 35, et al. § 10, A.L.
1989 H.B. 145)

*"This act" (H.B. 145, 1989) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

Any transfer of property to a custodian, or designation of a
custodian for property to be transferred in the future as now permitted
in sections 404.005 to 404.094, purporting to have been made before
September 28, 1985, is validated notwithstanding that there was no
specific authority in the Missouri uniform gifts to minors law for the
transfer of property of that kind or for a transfer from that source or
in that manner at the time the transfer was made. (L. 1985 S.B. 35, et
al. § 11)

1. Sections 404.005 to 404.094 shall be applied and construed to
effectuate their general purpose to make uniform the law with respect to
the subject of sections 404.005 to 404.094 among states enacting a
similar law.

2. Sections 404.005 to 404.094 shall not be construed as providing an
exclusive method of transferring property to a minor. (L. 1985 S.B. 35,
et al. § 12)

1. The repeal of the Missouri uniform gifts to minors law,
sections 404.010 to 404.100, shall not affect transfers made in a manner
prescribed in sections 404.010 to 404.100, nor the powers, duties and
immunities conferred by transfers in that manner upon custodians and
persons dealing with custodians. The provisions of sections 404.005 to
404.094 henceforth apply to all transfers made in a manner and form
prescribed in the Missouri uniform gifts to minors law, except insofar as
the application impairs constitutionally vested rights or extends the
duration of custodianships in existence on September 28, 1985. In all
other respects, sections 404.005 to 404.094 shall be construed as a
continuation of the provisions of the Missouri uniform gifts to minors
law.

2. Any transfer of property to a custodian or successor custodian after
September 28, 1985, which uses in substance the words "as custodian under
the Missouri uniform gifts to minors law" shall be construed to mean "as
custodian under the Missouri transfers to minors law" and sections
404.005 to 404.094 shall apply thereto. (L. 1985 S.B. 35, et al. § 13)

1. The probate division of the circuit court may hear and
determine all matters pertaining to custodians for minors and the
administration of minor custodianships under sections 404.005 to 404.094
of this act*, the uniform gifts to minors law and the uniform transfers
to minors law.

2. The provisions of chapter 472, RSMo, apply to judicial proceedings
involving minor custodianships to the extent they apply to judicial
proceedings involving trusts and are not inconsistent with sections
404.005 to 404.094 of this act*.

3. If the probate division of the circuit court appoints a guardian or
conservator for a minor after notice and hearing, the court may specify
in an order the duties and responsibilities of the minor's legal
representatives and custodians and the manner in which they shall
coordinate the exercise of their respective powers and duties for and on
behalf of the minor.

4. Upon the filing of any petition as provided in sections 404.005 to
404.094 of this act*, the court shall issue an order directed to such
persons and returnable on such notice as the court may require, to show
cause why the relief prayed for in the petition should not be granted
and, in due course, shall proceed to grant such relief as the court finds
to be in the best interest of the minor beneficiary of the custodianship.
(L. 1985 S.B. 35, et al. § 14, A.L. 1989 H.B. 145)

*"This act" (H.B. 145, 1989) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

1. Notwithstanding any other provision of law, if it is
suggested in a petition filed by the minor, a creditor, a person
interested in the welfare of the minor, or other interested person,
including a member of the minor's family who may have a property right or
claim against or an expectancy, reversionary or other interest in the
estate of the minor, or if it affirmatively appears to the court that
there is a possible conflict of interest between the minor and the
custodian, the court may appoint a guardian or conservator ad litem to
represent the minor in any proceeding to adjudicate any right affected by
the possible conflict of interest. The guardian or conservator ad litem
shall have only such authority as is provided in the order of appointment
and shall serve until discharged by the court.

2. If a court appoints a guardian or conservator ad litem for the minor,
the court may, by order entered in the proceeding, provide reasonable
compensation and reimbursement for expenses for the guardian or
conservator ad litem and, in appropriate cases, allow the payment out of
the custodial estate of the minor or enter a judgment for the amount as
costs against some other person who is a party to the proceeding and
whose conduct is determined by the court as giving rise to the necessity
for the appointment of the guardian or conservator ad litem. (L. 1989
H.B. 145)

1. Sections 404.005 to 404.094 apply to a transfer that refers
to the Missouri transfers to minors law in the designation under section
404.047 by which the transfer is made if at the time of the transfer, the
transferor, the minor or the custodian is a resident of this state or the
custodial property is located in this state. The custodianship so created
remains subject to sections 404.005 to 404.094 despite a subsequent
change in residence of a transferor, the minor or the custodian, or the
removal of custodial property from this state.

2. A person designated as custodian under sections 404.005 to 404.094 is
subject to personal jurisdiction in this state with respect to any matter
relating to the custodianship.

3. A transfer that purports to be made and which is valid under the
uniform transfers to minors law, the uniform gifts to minors law, or a
substantially similar law, of another state is governed by the law of the
designated state and may be executed and is enforceable in this state if
at the time of the transfer, the transferor, the minor or the custodian
is a resident of the designated state or the custodial property is
located in the designated state.

4. A transfer that purports to be made under the uniform transfers to
minors law of Missouri or the minors custodian law of Missouri is
governed by sections 404.005 to 404.094. (L. 1985 S.B. 35, et al. § 15,
A.L. 1993 S.B. 277)

Sections 404.400 to 404.650 may be cited as the "Missouri
Personal Custodian Law". (L. 1986 S.B. 651 § 15)

As used in sections 404.400 to 404.660, unless the context
otherwise requires, the following terms shall mean:

(1) "Adult", an individual who has attained the age of eighteen years,
notwithstanding that an adult may be of a different age under sections
404.005 to 404.094, the Missouri transfers to minors law;

(2) "Beneficiary", a person for whom property has been transferred to a
personal custodian under sections 404.400 to 404.650 for the
beneficiary's use and benefit;

(3) "Benefit plan", any plan, contract, trust or account for the benefit
of employees, partners, members of an organization or an individual, in
which a person may designate a beneficiary for a plan benefit. The term
"benefit plan" is also used to refer to the fiduciary administering the
plan;

(4) "Broker", a person lawfully engaged in the business of effecting
transactions in securities or commodities for the broker's own account or
the account of others;

(5) "Conservator", a person appointed or qualified by a court to have
care and custody of the estate of a disabled or incapacitated person,
whether denominated as general, limited or temporary conservator, or a
person legally authorized to perform substantially the same functions;

(6) "Court", the circuit court, including the probate division of the
circuit court;

(7) "Custodial property", all property belonging to a beneficiary in the
possession and control of a personal custodian under sections 404.400 to
404.650, and includes the income and proceeds of that property;

(8) "Donor", a transferor who makes a present or future gift of property
to a beneficiary by a transfer under sections 404.400 to 404.650 and
includes a person who holds a power of appointment to make a gift of the
donor's property in a similar manner;

(9) "Financial institution", a bank, trust company, savings and loan
company or association, or credit union chartered and supervised under
state or federal law;

(10) "Guardian", a person appointed or qualified by a court to have care
and custody of the person of an incapacitated person, whether denominated
as general, limited or temporary guardian, or a person legally authorized
to perform substantially the same functions;

(11) "Incapacitated person", a person who is wholly or partially unable
by reason of any physical or mental condition to receive and evaluate
information or to communicate decisions to such an extent that the person
lacks ability or capacity to manage his financial resources and is a
disabled or incapacitated person as defined in section 475.010, RSMo;

(12) "Legal representative", a decedent's personal representative, the
guardian of a person or the conservator of the estate of a person;

(13) "Member of the beneficiary's family", the beneficiary's parent,
grandparent, uncle, aunt, brother, sister, son, daughter, grandson,
granddaughter and their descendants, whether of the whole blood or the
half blood, or by adoption, and the beneficiary's spouse, stepparent and
stepchild;

(14) "Person", an individual, corporation, organization, or other legal
entity;

(15) "Personal custodian", a person so designated in a manner prescribed
in sections 404.400 to 404.650 and includes a substitute personal
custodian and successor personal custodian;

(16) "Personal representative", an executor, administrator, successor
personal representative, independent personal representative or special
administrator of a decedent's estate, whether court appointed or
qualified, or a person legally authorized to perform substantially the
same functions;

(17) "Property", any present or future interest in property, real or
personal, tangible or intangible, legal or equitable and includes the
income and proceeds of that interest in property;

(18) "State", any state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or possession subject
to the legislative authority of the United States;

(19) "Transferor", a person who transfers property to a beneficiary under
sections 404.400 to 404.650. (L. 1986 S.B. 651 § 1, A.L. 1989 H.B. 145)

The incapacitation of a beneficiary who has transferred property
to a personal custodian does not terminate the personal custodianship,
directions given by the beneficiary to the personal custodian, the
designation of a successor personal custodian, any of the powers or
authorities of the personal custodian or the immunities of third persons
acting on directions of the personal custodian. When a beneficiary
becomes incapacitated, the personal custodian shall hold and administer
the custodial property in accordance with the provisions of sections
404.400 to 404.650 applicable to incapacitated beneficiaries and the
provisions of any written agreement between the beneficiary and the
personal custodian. (L. 1986 S.B. 651 § 2 subsec. 3x

1. Property may be transferred to an adult beneficiary,
including a beneficiary who is or may become an incapacitated person on
or after the date of the transfer, by transferring the property to a
personal custodian for the beneficiary under sections 404.400 to 404.650.

2. By transferring property to a personal custodian for a beneficiary
under sections 404.400 to 404.650, the transferor incorporates in the
transfer all the provisions of sections 404.400 to 404.650 and grants to
the personal custodian and third persons dealing with the personal
custodian, the respective powers, rights and immunities provided in
sections 404.400 to 404.650. By holding property for a beneficiary as
personal custodian under sections 404.400 to 404.650, the personal
custodian assumes the obligation to administer the custodial property for
the beneficiary as prescribed in sections 404.400 to 404.650 and the
provisions of any written agreement between the transferor and personal
custodian.

3. Only one person may be personal custodian under sections 404.400 to
404.650 of the property transferred. A person may be a personal custodian
of property for more than one beneficiary, but the personal custodian
shall separately hold and administer the custodial property for each
beneficiary unless the property is transferred to the personal custodian
for the use and benefit of multiple beneficiaries in accordance with
subdivision (6) of subsection 1 of section 404.540. (L. 1986 S.B. 651 § 3
subsecs. 1, 4, 5, A.L. 1989 H.B. 145)

A present transfer of property to a personal custodian for a
beneficiary, made by a transferor in the manner prescribed in
subdivisions (1), (2), (3) and (5) of subsection 1 of section 404.540, is
irrevocable and indefeasibly vests ownership of the property in the
beneficiary subject to the personal custodianship provided in sections
404.400 to 404.650 for the benefit of the beneficiary, and neither the
beneficiary nor an incapacitated beneficiary's legal representative has
any right, power, duty or authority with respect to the custodial
property except as prescribed in sections 404.400 to 404.650. (L. 1986
S.B. 651 § 3 subsec. 2)

A provision in a will, trust, power of appointment, benefit
plan, life or endowment insurance policy, annuity or other contract, or a
pay or transfer on death direction, for a transfer of property to be made
in the future to a custodian for a beneficiary, made by a donor in the
manner prescribed in subdivision (4) of subsection 1 of section 404.540,
remains revocable by the donor until the property becomes transferable in
accordance with the terms of the governing instrument to the beneficiary
or a personal custodian for the beneficiary under sections 404.400 to
404.650, unless expressly made irrevocable at the time provision for the
gift is made or subsequently. (L. 1986 S.B. 651 § 3 subsec. 3)

A donor making a present transfer of property to a beneficiary
may designate and transfer the property to any adult person or financial
institution, including the donor, as personal custodian for the
beneficiary under sections 404.400 to 404.650. (L. 1986 S.B. 651 § 4
subsec. 1)

1. A donor making a future transfer of property to a beneficiary
under a will, trust, deed, power of appointment, benefit plan, life or
endowment insurance policy, annuity or other contract, or a pay or
transfer on death direction, may revocably designate, or grant to another
person a general or limited power to revocably designate, any adult
person or financial institution, including the holder of the power, as
personal custodian under sections 404.400 to 404.650 for a beneficiary
who may be an incapacitated person at the time the property becomes
transferable.

2. When the property becomes transferable to the beneficiary, the donor's
personal representative, trustee, benefit plan, insurance company or
contract obligor shall transfer the property to the designated personal
custodian in the manner prescribed in subdivisions (1), (2), (3) and (5)
of subsection 1 of section 404.540 for the type of property to be
transferred. If, at the time the property becomes transferable, the
beneficiary is not an incapacitated person, the personal custodian
designation shall lapse and the property may be transferred directly to
the beneficiary.

3. The designation of a personal custodian for a future transfer of
property may include the designation of one or more substitute personal
custodians to whom the property shall be transferred in the order named
in the event the prior named personal custodian declines or is not
qualified to serve as personal custodian, or is deceased or
incapacitated. A donor or a person exercising a power from a donor may
revoke or change the designation of a personal custodian or substitute
personal custodian for a future transfer of property by revoking the
designation or making a new designation before the property becomes
transferable. (L. 1986 S.B. 651 § 4 subsec. 2)

1. If there is no appointed conservator for administration of an
incapacitated beneficiary's estate, any person indebted to an
incapacitated beneficiary, including a personal representative, trustee,
benefit plan, insurance company, agency of any state or of the United
States, or any person holding property belonging to an incapacitated
beneficiary, not having a power from a donor to designate a personal
custodian, may designate and transfer the property to any adult person or
financial institution, including the transferor if a member of the
beneficiary's family, as personal custodian for the incapacitated
beneficiary under sections 404.400 to 404.650.

2. Approval of the court shall be obtained for any designation under
subsection 1 of this section of a personal custodian that is not a
financial institution, if the value of the property at the time of
transfer to the designated personal custodian exceeds ten thousand
dollars. The court may approve the designation under subsection 1 of this
section of any person to act as personal custodian to hold and administer
the property with or without bond and with or without court supervision,
upon such terms as the court may require, and may order transfer of the
property to a court supervised conservator. (L. 1986 S.B. 651 § 4
subsecs. 3, 4)

When a personal custodianship has been established for a
beneficiary, the court may authorize the personal custodian to accept and
receive into the personal custodianship any additional property that
belongs to a beneficiary who is or has become incapacitated, with or
without bond and with or without court supervision, upon such terms and
conditions as the court may require. (L. 1986 S.B. 651 § 4 subsec. 6)

If the court determines under chapter 475, RSMo, that full
administration of an incapacitated person's estate is not required, the
court may designate and direct that all or a part of the property owned
by the incapacitated person be transferred to any adult person or
financial institution, including a court appointed conservator or
guardian, to hold and administer under sections 404.400 to 404.650 as
personal custodian for the incapacitated beneficiary, with or without
bond and with or without court supervision, upon such terms and
conditions as the court may require. (L. 1986 S.B. 651 § 4 subsec. 7)

A personal custodian has no right because of designation as
personal custodian to possession, control, income or proceeds of any
property belonging to the beneficiary that is not transferred to the
personal custodian by the beneficiary, a donor or a person indebted to
the beneficiary, except as authorized by the court under sections 404.500
and 404.510. (L. 1986 S.B. 651 § 4 subsec. 8)

An adult person or financial institution shall not be qualified
to be designated personal custodian for property of a beneficiary who is
a resident of this state if the person or financial institution is not
qualified to be appointed conservator of the estate of the beneficiary
under subsection 2 of section 475.055, RSMo, or if the financial
institution is not legally authorized to do business in this state. A
transfer of property to a person not qualified to act as personal
custodian for the beneficiary under sections 404.400 to 404.650 subjects
the person to removal as personal custodian under subsection 9 of section
404.590, but does not affect the beneficiary's ownership of the property
and the immunities of third persons dealing with the personal custodian,
nor relieve the unqualified person of any duties or responsibilities
imposed on personal custodians under sections 404.400 to 404.650. (L.
1986 S.B. 651 § 4 subsec. 5, A.L. 1989 H.B. 145)

1. The designation of a personal custodian and transfer of
property to the personal custodian shall be made in the following manner:

(1) If the subject of the custodianship is property for which a
conveyance is filed with a recorder of deeds, property for which a
certificate of ownership or similar title instrument is issued by an
agency of any state or of the United States, property which is maintained
in registered name, property which is evidenced by a written instrument
or property which is deposited in an account with a broker or financial
institution, by executing a deed, assignment, endorsement or other
appropriate writing placing the property in the name of the designated
personal custodian followed in substance by the words: "as personal
custodian for ................... (name of beneficiary) under the
Missouri Personal Custodian Law";

(2) If the subject of the custodianship is money or an unregistered
security, by having it paid or delivered to a broker or financial
institution for the account of the person designated personal custodian
followed in substance by the words: "as personal custodian for
................... (name of beneficiary) under the Missouri Personal
Custodian Law";

(3) If the subject of the custodianship is a transfer of property by the
irrevocable exercise of a power of appointment or a transfer of an
irrevocable present right to future payment, by giving written notice to
the holder of the property or payment obligor that the property or right
is transferred to the person designated personal custodian followed in
substance by the words: "as personal custodian for ...................
(name of beneficiary) under the Missouri Personal Custodian Law";

(4) If the subject of the custodianship is to be a future transfer of
property under a will, trust, deed, power of appointment, benefit plan,
life or endowment insurance policy, annuity or other contract, or a pay
or transfer on death direction, by making the gift or beneficiary
designation in the name of the designated personal custodian followed in
substance by the words: "as personal custodian for ......................
(name of beneficiary) under the Missouri Personal Custodian Law", or by
naming the beneficiary of the gift and providing for alternate
distribution of the property to a personal custodian for the beneficiary
under sections 404.400 to 404.650 in the event the beneficiary is
incapacitated at the time the property becomes transferable;

(5) If the subject of the custodianship is property not described in
subdivision (1), (2), (3) or (4) of this subsection, by causing the
property to be placed in the name of the designated personal custodian by
a written instrument in substantially the form set forth as follows:

TRANSFER UNDER THE MISSOURI PERSONAL CUSTODIAN LAW

I, ................. (name of beneficiary, donor or transferor and
representative capacity, if any) hereby assign and deliver to
............... (name of personal custodian), as personal custodian for
.................... (myself or name of beneficiary) under the Missouri
Personal Custodian Law, the following:

(insert a description of the custodial property sufficient to identify
it). Dated: ......................

..............................

Signature

............................. (name of personal custodian) acknowledges
receipt of the property described above as personal custodian for the
beneficiary named above under the Missouri Personal Custodian Law. Dated:
.......................

...............................

Signature of Personal Custodian

(6) Property is transferred to a personal custodian for the use and
benefit of two or more persons by placing the property in the name of the
designated personal custodian and stating the names of the multiple
beneficiaries in substance as follows: ".......... (name of personal
custodian) as personal custodian for .......... and ......... (names of
beneficiaries), under the Missouri Personal Custodian Law." The style in
which the property is placed may include the interests and estates of the
custodial beneficiaries in the custodial property as among themselves.

2. A present transfer of property to a beneficiary is complete and
custodial property is created when the personal custodian for the
beneficiary is designated in the manner provided in subdivisions (1),
(2), (3), (5) and (6) of subsection 1 of this section. A future transfer
of property to a beneficiary is complete and custodial property is
created when the property becomes transferable under the governing
instrument to a personal custodian for a beneficiary designated in the
manner provided in subdivision (4) of subsection 1 of this section.

3. In addition to the writing required by subsection 1 of this section,
the transferor, as soon as practicable, shall do all things to put the
property in the possession and control of the personal custodian and
provide the personal custodian with such evidence of ownership as is
customary for the property involved; but the transfer of property to the
beneficiary is not affected by a failure to comply with this subsection,
the designation of a person not qualified to be named personal custodian
for the beneficiary, or the death, incapacity, resignation or
renunciation of the person designated personal custodian.

4. A written acknowledgment of delivery of the property by the personal
custodian constitutes a sufficient release and discharge for custodial
property transferred to the personal custodian under sections 404.400 to
404.650. (L. 1986 S.B. 651 § 5, A.L. 1989 H.B. 145)

1. A personal custodianship for an adult beneficiary shall be
treated as a custodial trust whenever property is transferred to any
adult person or financial institution followed in substance with the
words "as custodial trustee for ........ (name of beneficiary or
beneficiaries) under the Missouri Personal Custodian Law".

2. When property is placed in the name of a custodial trustee, legal
title to the custodial property resides in the custodial trustee and
beneficial ownership of the custodial property is indefeasibly vested in
the custodial beneficiary, subject to the provisions of sections 404.400
to 404.650.

3. A transfer of property to a custodial trustee under the Missouri
personal custodian law incorporates in the transfer all the provisions of
sections 404.400 to 404.650 and grants to the custodial trustee,
beneficiary and third persons dealing with the custodial trustee, the
respective powers, rights and immunities provided in sections 404.400 to
404.650. By holding property for a beneficiary as custodial trustee under
sections 404.400 to 404.650, the custodial trustee assumes the obligation
to administer the custodial property for the beneficiary as prescribed in
sections 404.400 to 404.650 and the provisions of any written trust
agreement between the transferor or beneficiary and the custodial trustee.

4. The provisions in sections 404.400 to 404.650 respecting court
proceedings, court jurisdiction and court powers shall apply to custodial
trusts under this section to the same extent as they apply to personal
custodianships.

5. The law applicable to trusts and trustees, including chapter 456,
RSMo, shall apply to custodial trusts under this section in addition to
sections 404.400 to 404.650, insofar as such law does not conflict with
sections 404.400 to 404.650.

6. An inter vivos or testamentary trust that is not a custodial trust
under this section may incorporate any provision of sections 404.400 to
404.650 into the governing document of the trust; and the statute as
incorporated shall apply with the same force of law as it applies to a
custodial trust, including sections respecting court proceedings, court
jurisdiction and court powers. (L. 1989 H.B. 145)

1. The personal custodian shall collect, hold, maintain, manage,
invest and reinvest the custodial property. The personal custodian may
accept a transfer of additional property for the same beneficiary into
the personal custodianship and may consolidate into a single
custodianship custodial property received for the same beneficiary from
multiple transfers or transferors.

2. The personal custodian shall deliver, pay over to the beneficiary for
expenditure by the beneficiary or expend for the beneficiary's benefit,
so much of the custodial property as the beneficiary may from time to
time direct. If the beneficiary is an incapacitated person, the personal
custodian may deliver, pay over to the beneficiary for expenditure by the
beneficiary or expend for the beneficiary's benefit, so much of the
custodial property as the personal custodian determines advisable for the
use and benefit of the beneficiary and those members of the beneficiary's
family who are legally entitled to support by the beneficiary or who were
supported by the beneficiary at the time the beneficiary became
incapacitated, without court order and without regard to the duty or
ability of the personal custodian in the personal custodian's individual
capacity or of any other person to support the beneficiary, or any other
income or property of the beneficiary.

3. (1) Upon the petition of the beneficiary, guardian or conservator of
an incapacitated beneficiary, an adult member of a beneficiary's family
or any person interested in the welfare of the beneficiary, the court may
order the personal custodian to expend or to pay over to the beneficiary
or the beneficiary's guardian or conservator so much of the custodial
property as the court determines advisable for the use and benefit of the
beneficiary.

(2) Upon petition of a personal custodian, the beneficiary, an adult
member of the beneficiary's family or any person interested in the
welfare of the beneficiary, the probate division of the circuit court
shall determine and declare whether the beneficiary is a disabled or
incapacitated person.

4. Any delivery, payment or expenditure under subsections 2 and 3 of this
section is in addition to, not in substitution for, and does not affect
the obligation of any person to support the incapacitated beneficiary or
the incapacitated beneficiary's dependents.

5. The personal custodian is under a duty to act in the interest of the
beneficiary and to avoid conflicts of interest that impair the personal
custodian's ability to so act. In dealing with the custodial property,
the personal custodian shall follow the investment and other directions
of a beneficiary who is not incapacitated and* shall observe the degree
of care that would be observed by a prudent person dealing with the
property and conducting the affairs of another, except that all
investments made on or after August 28, 1998, shall be in accordance with
the provisions of the Missouri prudent investor act, sections 456.900 to
456.913, RSMo. The personal custodian is not limited by any other statute
restricting investments or expenditures by fiduciaries. If the personal
custodian has special skills or is named personal custodian on the basis
of representation of special skills or expertise, the custodian is under
a duty to use those skills. The personal custodian, in the custodian's
discretion and without liability to the beneficiary or the beneficiary's
estate, may retain any custodial property received under sections 404.400
to 404.650, and may hold money or securities in the financial institution
or brokerage company to which the property was delivered by the
transferor.

6. The personal custodian may invest in and pay premiums out of custodial
property for life or endowment insurance policies on the life of the
beneficiary or the life of another person in whom the beneficiary has an
insurable interest, provided the insurance proceeds will be distributed
on the death of the insured life to the beneficiary, the persons
designated by an adult nonincapacitated beneficiary, the beneficiary's
estate or the personal custodian in the personal custodian's
representative capacity.

7. Subject to the degree of care prescribed in subsection 5 of this
section, the personal custodian, acting in the capacity of personal
custodian for the benefit of the beneficiary, has all rights, power and
authority over the custodial property that unmarried, nonincapacitated
adult owners have over their own property, except the power to make a
gift of the beneficiary's property (i) unless granted such power by a
nonincapacitated beneficiary in a writing signed and dated, and
acknowledged or proved and certified in the manner provided by law for
conveyances of real estate, or (ii) unless the gift to be made is
approved by a court under section 475.094, RSMo.

8. The personal custodian at all times shall keep custodial property
separate and distinct from all other property in a manner to identify it
clearly as custodial property of the beneficiary. Custodial property
consisting of an undivided interest in property is sufficiently separate
and distinct if the personal custodian's interest in the property is held
as a tenant in common with the other owners of the property and the
beneficiary's proportional interest in the property is fixed. Custodial
property is sufficiently so identified if it is held in the name of the
personal custodian in the manner prescribed in section 404.540.

9. The personal custodian may establish checking, savings or other
similar accounts with financial institutions and brokers whereby both the
personal custodian and the beneficiary may withdraw money from the
account or draw or issue checks or drafts against the account. Money
withdrawn from an account or checks written against an account by the
beneficiary shall be treated as a delivery of custodial property from the
personal custodian to the beneficiary.

10. Subject to the degree of care prescribed in subsection 5 of this
section, the personal custodian, acting in the capacity of personal
custodian and for the benefit of the beneficiary, may borrow money, lend
money, acquire by lease the use of property for the beneficiary, lease
custodial property and enter into contracts under which the performance
required by such agreements may extend beyond the date the personal
custodianship terminates. The personal custodian shall hold property that
is borrowed or leased for the beneficiary as custodial property in the
name of the personal custodian in the manner prescribed in section
404.540.

11. The personal custodian shall keep records of all transactions with
respect to the custodial property, including information necessary for
preparation of the beneficiary's tax returns, and make them available for
inspection at reasonable intervals by the beneficiary, an adult member of
the beneficiary's family if the beneficiary is incapacitated, and a legal
representative of the beneficiary.

12. The power, authority, duties and responsibilities of a personal
custodian, as provided in sections 404.400 to 404.650, may be modified by
the provisions of a written agreement between the transferor or
beneficiary and personal custodian. (L. 1986 S.B. 651 § 6 subsecs. 1 to
4, 6 to 13, A.L. 1989 H.B. 145, A.L. 1998 H.B. 1571)

*Word "and" does not appear in original rolls.

1. To the extent that the custodial property has not been
expended, the personal custodian shall deliver the custodial property in
an appropriate manner, free of the custodianship, as follows:

(1) To an adult beneficiary on demand, if the beneficiary at the time is
not incapacitated; or

(2) On the beneficiary's death, to the beneficiary's estate, unless the
beneficiary has made provision for a distribution under subsection 2 of
this section.

2. A beneficiary competent to execute a will may enter into a written
agreement with the personal custodian in which the personal custodian is
directed and authorized on death of the beneficiary to:

(1) Settle the affairs of the personal custodianship and pay all expenses
incurred by the custodianship before the beneficiary's death and in
connection with settling the affairs of the custodianship and
distributing the custodial property at death;

(2) Pay any debts or taxes that were owing by the beneficiary before
death and any debts, taxes and expense owing as a result of the
beneficiary's death and distribution of the custodial property at death,
including the expense of the beneficiary's last illness, funeral and the
cost of a grave marker; and

(3) Transfer and distribute the custodial property remaining in
accordance with a written beneficiary designation or transfer on death
direction that has been delivered to the personal custodian and that has
been signed by the beneficiary, dated and acknowledged or proved and
certified in the manner prescribed by law for conveyances of real estate.

3. A beneficiary's written agreement with the personal custodian and any
beneficiary designation or transfer on death direction executed pursuant
to subsection 2 of this section remains revocable during the
beneficiary's lifetime unless expressly made irrevocable at the time
executed or subsequently, and may not be made or revoked for the
beneficiary by an attorney in fact or legal representative unless
approved by court order.

4. A personal custodian closing a beneficiary's custodial estate by
making a distribution of property under subsection 2 of this section
shall give the beneficiary's spouse, children and heirs at law thirty
days' advance written notice of the distribution to be made; and shall
file for record in the probate division of the circuit court within
thirty days of making distribution, a notice setting forth the names and
addresses of the deceased beneficiary, the personal custodian and each
person that received a distribution of custodial property.

5. If the personal custodian does not deliver the custodial property in
accordance with subsection 1 or 2 of this section, a beneficiary who is
not incapacitated, a person entitled to the custodial property or the
beneficiary's personal representative may petition the court to declare
the personal custodianship terminated and to order delivery of the
custodial property free of the custodianship to the beneficiary, the
persons entitled thereto or the beneficiary's estate.

6. To the extent the custodial property is real property, a conveyance
and delivery of the real property by a nonincapacitated beneficiary, by
the persons entitled thereto or by the beneficiary's personal
representative, shall terminate the personal custodian's powers, duties
and rights with respect to the real property. (L. 1986 S.B. 651 § 6
subsec. 5 subdivs. (1) to (6), A.L. 1989 H.B. 145, A.L. 1993 S.B. 277)

1. During the lifetimes of multiple beneficiaries, ownership of
custodial property between a husband and wife is presumed to be held as
tenants by the entireties and among other persons, custodial property is
presumed to be of equal undivided interests in the custodial property
which are indefeasibly vested in the beneficiaries as tenants in common,
subject to the provisions of sections 404.400 to 404.650, unless the
title document provides otherwise or there is clear and convincing
written evidence of a different intent of the beneficiaries or the
persons creating the personal custodianship.

2. Unless held for a husband and wife as tenants by the entireties or
otherwise directed by the beneficiaries or governed by a custodial
agreement, the personal custodian shall administer the custodial property
as separate undivided interests for the use and benefit of the custodial
beneficiaries during their lifetimes and shall separately account to each
beneficiary for the administration of the beneficiary's interest in the
custodial property.

3. During the lifetimes of the multiple beneficiaries, the personal
custodian shall follow the directions of the beneficiaries who are not
incapacitated. If one of the beneficiaries becomes incapacitated, the
personal custodian shall follow the directions of the beneficiaries who
are not incapacitated to the extent that the directions do not conflict
with the rights of the incapacitated beneficiary in the custodial
property.

4. If one of two or more beneficiaries who has a right to sever his or
her interest in the custodial property demands termination of the
personal custodianship, the personal custodian shall deliver to the
terminating beneficiary custodial property in an amount equal in value to
the beneficiary's interest in the custodial property, free and clear of
the custodianship, and the custodianship continues for the remaining
beneficiaries.

5. At death of one of two or more beneficiaries who hold their interest
in the custodial property as tenants in common, the interest of the
decedent in the custodial property shall be distributed in accordance
with a transfer on death direction executed under subsection 2 of section
404.560 and, if none, to the decedent's estate.

6. At death of one of two or more beneficiaries, who hold their interests
in the custodial property as joint tenants with right of survivorship or
as tenants by the entirety, the custodial property belongs to the
surviving beneficiary or beneficiaries as against the estate of the
decedent. If there are two or more surviving beneficiaries, their
respective ownerships during lifetime shall be in proportion to their
previous ownership interest, augmented by an equal share for each
survivor of any interest the deceased beneficiary may have owned in the
custodial property immediately before death, unless the decedent is the
spouse of a beneficiary, in which case, the interest owned by the
decedent shall be applied solely to augment the ownership interest of the
surviving spouse in the custodial property, and the right of survivorship
continues as between the surviving beneficiaries. When only one of two or
more beneficiaries survives, the personal custodianship shall in all
respects become a personal custodianship of property for a single
individual. (L. 1989 H.B. 145)

1. If a deceased beneficiary's probate estate is not sufficient
to pay claims, taxes and expenses of administration, including statutory
allowances to the surviving spouse and unmarried minor children, the
persons that receive a nonprobate transfer of the beneficiary's custodial
property under sections 404.560 and 404.565 shall be liable to account to
the deceased beneficiary's personal representative for a pro rata share
of the value received from the personal custodianship that the decedent
owned beneficially immediately before death to the extent necessary to
discharge the claims and charges remaining unpaid after application of
the funds and property in the decedent's estate. This subsection does not
apply to a death benefit paid pursuant to a life or accidental death
insurance policy held by the custodian; and it does not apply to
survivorship rights in custodial property held as tenants by the
entireties.

2. Only decedent's personal representative may enforce the obligation of
the beneficiary's custodial distributees under this section by bringing
an action for accounting, but no proceeding to assert this liability
shall be commenced unless the personal representative has received a
written demand therefor by a creditor, surviving spouse or one acting for
an unmarried minor child of the deceased beneficiary, and no proceeding
shall be brought for accounting under this section more than two years
following the beneficiary's death. Sums recovered by the personal
representative shall be administered as part of the decedent's estate.

3. After an action for accounting has been commenced under this section,
any party to the proceeding may join and bring into the action for
accounting distributees of custodial property from other personal
custodianships of the decedent, parties and beneficiaries of
multiple-party accounts in which the decedent was an account party,
beneficiaries of other types of nonprobate transfers who by law are
liable to contribute to the satisfaction of creditor claims in a similar
proceeding for accounting, and persons who succeed to property not
subject to probate administration that was subject to satisfaction of the
decedent's debts during the decedent's lifetime, including the decedent's
interest in property distributed at the decedent's death by a trustee of
a revocable trust created by the decedent and property held as a joint
tenant with rights of survivorship, but only to the extent of decedent's
contribution to the value of the joint property.

4. This section shall not affect the right of the personal custodian to
execute a direction of the beneficiary to make a payment or to make a
nonprobate transfer on death of the beneficiary, or to make that person
liable to the beneficiary's estate, unless before the payment or
transfer, the personal custodian has been served with process in a
proceeding brought by the deceased beneficiary's personal representative
and the personal custodian has had a reasonable time to act on it.

5. This section does not create a lien on any property that is the
subject of a nonprobate transfer, except as a lien may be perfected by
way of attachment, garnishment or judgment in an accounting proceeding
authorized by this section. (L. 1986 S.B. 651 § 6 subsec. 5 subdiv. (7),
A.L. 1989 H.B. 145, A.L. 1993 S.B. 277)

1. Subject to any written agreement with the beneficiary, a
personal custodian is entitled to reimbursement from custodial property
for reasonable expenses incurred in the performance of the personal
custodian's duties.

2. Subject to any written agreement, a personal custodian who is not a
donor may each year elect to receive from the custodial property
reasonable compensation for services as personal custodian. If an
election is not affirmatively made during the calendar year, the right to
compensation for that year shall lapse.

3. A personal custodian is not required to give a bond for the
performance of the personal custodian's duties unless required by court
order.

4. No claim of a personal custodian for expenses or compensation shall
constitute a claim or lien on custodial property transferred by the
personal custodian to a third person or to the beneficiary. (L. 1986 S.B.
651 § 7)

1. A person designated as a personal custodian may decline to
serve by delivering a written renunciation to the person who made the
designation or to the transferor or the transferor's legal
representative. If at the time of the transfer there is no substitute
personal custodian who is able and willing to serve as custodian, the
person who made the designation, a person with a power from the donor to
designate a personal custodian, the transferor or the transferor's legal
representative shall designate a substitute personal custodian.

2. A nonincapacitated beneficiary may revocably designate, or grant to
another person a general or limited power to revocably designate, at any
time one or more successor personal custodians by executing and dating an
instrument of designation before a subscribing witness other than a
successor personal custodian. If the beneficiary does not designate a
successor personal custodian or is incapacitated, the personal custodian
may revocably designate at any time one or more successor personal
custodians in a will or by executing and dating an instrument of
designation before a subscribing witness other than a successor personal
custodian. If the instrument of designation does not contain or is not
accompanied by the personal custodian's resignation, the designation of a
successor does not take effect until the personal custodian resigns,
dies, becomes incapacitated or is removed. Successor personal custodians
serve in the order named in the event a prior named personal custodian
declines or is not qualified to serve as personal custodian, or is
deceased or incapacitated.

3. A personal custodian may resign at any time by delivering written
notice to the beneficiary and the successor personal custodian and
delivering the custodial property and records of the personal
custodianship to the beneficiary, if not incapacitated, or to the
successor personal custodian.

4. If the personal custodian dies or becomes incapacitated, the personal
custodian's legal representative shall deliver the custodial property to
a beneficiary who is not incapacitated or to a successor personal
custodian. If no successor personal custodian has been effectively
designated and if the beneficiary is incapacitated, the personal
custodian's legal representative shall designate as successor personal
custodian any adult person or financial institution in the manner
provided in subsection 2 of this section and deliver the custodial
property to the successor personal custodian.

5. The designation of a successor personal custodian by a personal
custodian or the personal custodian's legal representative may be
included in the instrument placing custodial property into the name of
the successor personal custodian.

6. If the personal custodian or the personal custodian's legal
representative does not timely designate a successor personal custodian
for an incapacitated beneficiary, the legal representative of an
incapacitated beneficiary, an adult member of the incapacitated
beneficiary's family or any person interested in the welfare of the
beneficiary, may petition the court to designate a successor personal
custodian.

7. A successor personal custodian shall hold the custodial property in
the manner prescribed in section 404.540 and need not indicate the
custodial capacity as a successor personal custodian.

8. A personal custodian who resigns, or the legal representative of a
deceased or incapacitated personal custodian, as soon as practicable,
shall do all things within that person's lawful power to put each item of
the custodial property and the records of the personal custodianship in
the possession and control of the beneficiary or of a successor personal
custodian.

9. The beneficiary, the beneficiary's legal representative, an adult
member of an incapacitated beneficiary's family, a successor personal
custodian or any person interested in the welfare of the beneficiary, for
good cause shown, may petition the court to remove the personal
custodian, to designate a successor personal custodian, to require the
personal custodian to give bond and to order delivery of the custodial
property and records of the custodianship to the beneficiary, a successor
personal custodian or the beneficiary's legal representative. (L. 1986
S.B. 651 § 8, A.L. 1989 H.B. 145)

A third person, including an issuer of securities, transfer
agent, financial institution, broker, life insurance company, benefit
plan, personal representative or trustee, in good faith and without court
order, may act on the instructions of or otherwise deal with any person
purporting to make a transfer under sections 404.400 to 404.650 or
purporting to act in the capacity of a personal custodian, successor
personal custodian or legal representative of a personal custodian and,
in the absence of actual knowledge, is not responsible for determining:

(1) The validity of the purported personal custodian's or successor
personal custodian's designation;

(2) The propriety of, or the authority under sections 404.400 to 404.650
or under a contract between the beneficiary and personal custodian for,
any act of the purported personal custodian;

(3) The validity or propriety under sections 404.400 to 404.650 of any
instrument or instructions executed or given by the person purporting to
make a transfer under sections 404.400 to 404.650 or by the purported
personal custodian;

(4) The propriety of the application or use of any custodial property by
the personal custodian;

(5) The validity of a delivery of custodial property by a personal
custodian or legal representative of a personal custodian to a successor
personal custodian;

(6) The validity of a delivery of custodial property by the personal
custodian to the beneficiary or whether the beneficiary is incapacitated
at the time of the delivery; or

(7) Whether the beneficiary is under any legal disability or incapacity
at the time or subsequent to when any act is performed by or for the
beneficiary with respect to the personal custodianship. (L. 1986 S.B. 651
§ 9)

1. A claim based on: (i) a contract entered into by a personal
custodian acting in a custodial capacity, (ii) an obligation arising from
the ownership or control of custodial property, or (iii) a tort committed
during the personal custodianship, may be asserted against the custodial
property by proceeding against the personal custodian in the custodial
capacity.

2. A personal custodian is not personally liable:

(1) On a contract properly entered into in the custodial capacity unless
the personal custodian fails to reveal that capacity and to identify the
personal custodianship in the contract; or

(2) For an obligation arising from control of custodial property or for a
tort committed during the personal custodianship unless the personal
custodian is personally at fault.

3. A beneficiary is not personally liable for an obligation arising from
ownership of custodial property or for a tort committed during the
personal custodianship unless the beneficiary is personally at fault. (L.
1986 S.B. 651 § 10)

1. The beneficiary, the legal representative of an incapacitated
or deceased beneficiary, a successor personal custodian, an adult member
of an incapacitated beneficiary's family or any interested person,
including any person interested in the welfare of the beneficiary, may
petition the court for an accounting by the personal custodian or the
personal custodian's legal representative.

2. Any requirement for an accounting may be waived or an accounting may
be approved by the court without hearing, if the accounting is waived or
approved by a beneficiary who is not disabled, or by a beneficiary whose
legal capacity has been restored, or by all creditors and distributees of
a deceased beneficiary's estate whose claims or distributions theretofore
have not been satisfied in full. The approval or waiver shall be in
writing, signed by the affected persons and filed with the court.

3. For the purposes of subsection 2 of this section, a legal
representative or a person providing services to the beneficiary's estate
shall not be considered a creditor of the beneficiary's estate; and no
express approval or waiver shall be required from the legal
representative of a disabled or incapacitated beneficiary if the
beneficiary's legal capacity has been restored, or from the personal
representative of a deceased beneficiary's estate, or from any other
person entitled to compensation or expense for services rendered to a
disabled, incapacitated or deceased beneficiary's estate, unless the
beneficiary or the beneficiary's estate is unable to pay in full the
compensation and expense to which the person rendering the services may
be entitled.

4. In a proceeding under sections 404.400 to 404.650, or in any other
proceeding, or upon the petition of the personal custodian, the court
may: (i) require or permit the personal custodian to account; (ii)
authorize the personal custodian to enter into any transaction, or
approve, ratify, confirm and validate any transaction entered into by the
personal custodian, that the court finds is, was or will be beneficial to
the beneficiary and which the court has power to authorize for a
conservator under chapter 475, RSMo; and (iii) determine responsibility,
as between custodial property and the personal custodian personally, for
claims against custodial property unless the responsibility has been
adjudicated in an action under section 404.610.

5. If the personal custodian is removed under subsection 9 of section
404.590, the court may order an accounting, order delivery of the
custodial property and records of the personal custodianship to the
beneficiary, a successor personal custodian or the beneficiary's legal
representative, and order the execution of all instruments required for
the transfer of the custodial property.

6. Unless previously barred by adjudication, consent or limitations, any
cause of action against a personal custodian for accounting or breach of
duty shall be barred as to any beneficiary who has received a final
account or other statement fully disclosing the matter and showing
termination of the personal custodianship for the beneficiary unless a
proceeding to assert the cause of action is commenced within two years
after receipt of the final account or statement by the beneficiary or, if
the beneficiary is an incapacitated or deceased person, by the legal
representative of the beneficiary's estate; except that, if no final
account or statement is provided by the personal custodian or if there is
no legal representative of the beneficiary's estate, then such cause of
action shall not be barred until two years after the removal of the
beneficiary's legal disability or one year after the beneficiary's death.
The cause of action thus barred does not include any action to recover
from the personal custodian for fraud, misrepresentation or concealment
related to the final settlement of the personal custodianship, or
concealment of the existence of the personal custodianship. (L. 1986 S.B.
651 § 11, A.L. 1989 H.B. 145)

1. Sections 404.400 to 404.650 shall be applied and construed to
effectuate their general purpose to make uniform the law with respect to
the subject of sections 404.400 to 404.650 among states enacting a
similar law.

2. Sections 404.400 to 404.650 shall not be construed as providing an
exclusive method of placing property in the custody of another person or
transferring property to an incapacitated person. (L. 1986 S.B. 651 § 12)

1. The probate division of the circuit court may hear and
determine all matters pertaining to personal custodians and the
administration of personal custodianships under sections 404.400 to
404.650.

2. The provisions of chapter 472, RSMo, apply to judicial proceedings
involving personal custodianships to the extent they apply to judicial
proceedings involving trusts and are not inconsistent with sections
404.400 to 404.650.

3. If the probate division of the circuit court appoints a guardian or
conservator for a beneficiary of a personal custodianship, after notice
and hearing, the court may specify in an order the duties and
responsibilities of the beneficiary's legal representatives and personal
custodians and the manner in which they shall coordinate the exercise of
their respective powers and duties for and on behalf of the beneficiary.

4. Upon the filing of any petition as provided in sections 404.400 to
404.650, the court shall issue an order directed to such persons and
returnable on such notice as the court may require, to show cause why the
relief prayed for in the petition should not be granted and, in due
course, shall proceed to grant such relief as the court finds to be in
the best interest of the beneficiary of the personal custodianship. (L.
1986 S.B. 651 § 13)

1. Notwithstanding any other provision of law, if it is
suggested in a petition filed by the beneficiary, a creditor, a person
interested in the welfare of the beneficiary, or other interested person,
including a member of the beneficiary's family who may have a property
right or claim against or an expectancy, reversionary or other interest
in the estate of the beneficiary, or if it affirmatively appears to the
court that the beneficiary is disabled or incapacitated and there is a
possible conflict of interest between the beneficiary and the personal
custodian or a custodial trustee, the court may appoint a guardian or
conservator ad litem to represent the beneficiary in any proceeding to
adjudicate any right affected by the possible conflict of interest. The
guardian or conservator ad litem shall have only such authority as is
provided in the order of appointment and shall serve until discharged by
the court.

2. If a court appoints a guardian or conservator ad litem for the
beneficiary, the court may, by order entered in the proceeding, provide
reasonable compensation and reimbursement for expenses for the guardian
or conservator ad litem and, in appropriate cases, allow the payment out
of the custodial property of the beneficiary or enter a judgment for the
amount as costs against some other person who is a party to the
proceeding and whose conduct is determined by the court as giving rise to
the necessity for the appointment of the guardian or conservator ad
litem. (L. 1989 H.B. 145)

1. Sections 404.400 to 404.650 apply to a transfer that refers
to the Missouri personal custodian law in the designation under section
404.540 by which the transfer is made if at the time of the transfer the
transferor, the beneficiary or the personal custodian is a resident of
this state or the custodial property is located in this state. The
personal custodianship so created remains subject to sections 404.400 to
404.650 despite a subsequent change in residence of a transferor, the
beneficiary or the personal custodian, or the removal of custodial
property from this state.

2. A person designated as a personal custodian under sections 404.400 to
404.650 is subject to personal jurisdiction in this state with respect to
any matter relating to the personal custodianship.

3. A transfer that purports to be made and which is valid under the
uniform custodial trust law, personal custodian law, or a substantially
similar law, of another state is governed by the law of the designated
state and may be executed and is enforceable in this state if at the time
of the transfer the transferor, the beneficiary or the custodian is a
resident of the designated state or the custodial property is located in
the designated state.

4. A transfer that purports to be made under the uniform custodial trust
law of Missouri or the adult custodian law of Missouri is governed by
sections 404.400 to 404.650. (L. 1986 S.B. 651 § 14, A.L. 1989 H.B. 145,
A.L. 1993 S.B. 277)

Sections 404.700 to 404.735 may be cited as the "Durable Power
of Attorney Law of Missouri". (L. 1989 H.B. 145 § 1)

As used in sections 404.700 to 404.735 the following terms mean:

(1) "Attorney in fact", an individual or corporation appointed to act as
agent of a principal in a written power of attorney;

(2) "Court", the circuit court including the probate division of the
circuit court;

(3) "Disabled" or "incapacitated", a person who is wholly or partially
disabled or incapacitated as defined in section 475.010, RSMo, or in a
similar law of the place having jurisdiction of the person whose capacity
is in question;

(4) "Durable power of attorney", a written power of attorney in which the
authority of the attorney in fact does not terminate in the event the
principal becomes disabled or incapacitated or in the event of later
uncertainty as to whether the principal is dead or alive and which
complies with subsection 1 of section 404.705 or is durable under the
laws of any of the following places:

(a) The law of the place where executed;

(b) The law of the place of the residence of the principal when executed;
or

(c) The law of a place designated in the written power of attorney if
that place has a reasonable relationship to the purpose of the instrument;

(5) "Legal representative", a decedent's personal representative, a
guardian of a person or the conservator of the estate of a person,
whether denominated as general, limited or temporary, or a person legally
authorized to perform substantially the same functions;

(6) "Person", an individual, corporation, or other legal entity;

(7) "Personal representative", a legal representative of a decedent's
estate as defined in section 472.010, RSMo;

(8) "Power of attorney", a written power of attorney, either durable or
not durable;

(9) "Principal's family", the principal's parent, grandparent, uncle,
aunt, brother, sister, son, daughter, grandson, granddaughter and their
descendants, whether of the whole blood or the half blood, or by
adoption, and the principal's spouse, stepparent and stepchild;

(10) "Third person", any individual, corporation or legal entity that
acts on a request from, contracts with, relies on or otherwise deals with
an attorney in fact pursuant to authority granted by a principal in a
power of attorney and includes a partnership, either general or limited,
governmental agency, financial institution, issuer of securities,
transfer agent, securities or commodities broker, real estate broker,
title insurance company, insurance company, benefit plan, legal
representative, custodian or trustee. (L. 1989 H.B. 145 § 2, A.L. 1997
S.B. 265)

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 442.360
and 442.370, RSMo.

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)

1. A principal may appoint more than one attorney in fact in one
or more powers of attorney and may provide that the authority conferred
on two or more attorneys in fact shall or may be exercised either jointly
or severally or in a manner, with such priority and with respect to such
subjects as is provided in the power of attorney.

2. Any person, other than a person who is disqualified from being
appointed a guardian or conservator of the principal under subsection 2
of section 475.055, RSMo, shall be qualified to be designated an attorney
in fact under a durable power of attorney.

3. The designation of a person not qualified to act as an attorney in
fact for a principal under a durable power of attorney subjects the
person to removal as attorney in fact but does not affect the immunities
of third persons nor relieve the unqualified person of any duties or
responsibilities to the principal or the principal's successors. (L. 1989
H.B. 145 § 4)

1. A principal may delegate to an attorney in fact in a power of
attorney general powers to act in a fiduciary capacity on the principal's
behalf with respect to all lawful subjects and purposes or with respect
to one or more express subjects or purposes. A power of attorney with
general powers may be durable or not durable.

2. If the power of attorney states that general powers are granted to the
attorney in fact and further states in substance that it grants power to
the attorney in fact to act with respect to all lawful subjects and
purposes or that it grants general powers for general purposes or does
not by its terms limit the power to the specific subject or purposes set
out in the instrument, then the authority of the attorney in fact acting
under the power of attorney shall extend to and include each and every
action or power which an adult who is nondisabled and nonincapacitated
may carry out through an agent specifically authorized in the premises,
with respect to any and all matters whatsoever, except as provided in
subsections 6 and 7 of this section. When a power of attorney grants
general powers to an attorney in fact to act with respect to all lawful
subjects and purposes, the enumeration of one or more specific subjects
or purposes does not limit the general authority granted by that power of
attorney, unless otherwise provided in the power of attorney.

3. If the power of attorney states that general powers are granted to an
attorney in fact with respect to one or more express subjects or purposes
for which general powers are conferred, then the authority of the
attorney in fact acting under the power of attorney shall extend to and
include each and every action or power, but only with respect to the
specific subjects or purposes expressed in the power of attorney that an
adult who is nondisabled and nonincapacitated may carry out through an
agent specifically authorized in the premises, with respect to any and
all matters whatsoever, except as provided in subsections 6 and 7 of this
section.

4. Except as provided in subsections 6 and 7 of this section, an attorney
in fact with general powers has, with respect to the subjects or purposes
for which the powers are conferred, all rights, power and authority to
act for the principal that the principal would have with respect to his
or her own person or property, including property owned jointly or by the
entireties with another or others, as a nondisabled and nonincapacitated
adult; and without limiting the foregoing has with respect to the
subjects or purposes of the power complete discretion to make a decision
for the principal, to act or not act, to consent or not consent to, or
withdraw consent for, any act, and to execute and deliver or accept any
deed, bill of sale, bill of lading, assignment, contract, note, security
instrument, consent, receipt, release, proof of claim, petition or other
pleading, tax document, notice, application, acknowledgment or other
document necessary or convenient to implement or confirm any act,
transaction or decision. An attorney in fact with general powers, whether
power to act with respect to all lawful subjects and purposes, or only
with respect to one or more express subjects or purposes, shall have the
power, unless specifically denied by the terms of the power of attorney,
to make, execute and deliver to or for the benefit of or at the request
of a third person, who is requested to rely upon an action of the
attorney in fact, an agreement indemnifying and holding harmless any
third person or persons from any liability, claims or expenses, including
legal expenses, incurred by any such third person by reason of acting or
refraining from acting pursuant to the request of the attorney in fact,
and such indemnity agreement shall be binding upon the principal who has
executed such power of attorney and upon the principal's successor or
successors in interest. No such indemnity agreement shall protect any
third person from any liability, claims or expenses incurred by reason of
the fact that, and to the extent that, the third person has honored the
power of attorney for actions outside the scope of authority granted by
the power of attorney. In addition, the attorney in fact has complete
discretion to employ and compensate real estate agents, brokers,
attorneys, accountants and subagents of all types to represent and act
for the principal in any and all matters, including tax matters involving
the United States government or any other government or taxing entity,
including, but not limited to, the execution of supplemental or
additional powers of attorney in the name of the principal in form that
may be required or preferred by any such taxing entity or other third
person, and to deal with any or all third persons in the name of the
principal without limitation. No such supplemental or additional power of
attorney shall broaden the scope of authority granted to the attorney in
fact in the original power of attorney executed by the principal.

5. An attorney in fact, who is granted general powers for all subjects
and purposes or with respect to any express subjects or purposes, shall
exercise the powers conferred according to the principal's instructions,
in the principal's best interest, in good faith, prudently and in
accordance with sections 404.712 and 404.714.

6. Any power of attorney, whether durable or not durable, and whether or
not it grants general powers for all subjects and purposes or with
respect to express subjects or purposes, shall be construed to grant
power or authority to an attorney in fact to carry out any of the actions
described in this subsection if the actions are expressly enumerated and
authorized in the power of attorney. Any power of attorney may grant
power of authority to an attorney in fact to carry out any of the
following actions if the actions are expressly authorized in the power of
attorney:

(1) To execute, amend or revoke any trust agreement;

(2) To fund with the principal's assets any trust not created by the
principal;

(3) To make or revoke a gift of the principal's property in trust or
otherwise;

(4) To disclaim a gift or devise of property to or for the benefit of the
principal;

(5) To create or change survivorship interests in the principal's
property or in property in which the principal may have an interest;
provided, however, that the inclusion of the authority set out in this
paragraph shall not be necessary in order to grant to an attorney in fact
acting under a power of attorney granting general powers with respect to
all lawful subjects and purposes the authority to withdraw funds or other
property from any account, contract or other similar arrangement held in
the names of the principal and one or more other persons with any
financial institution, brokerage company or other depository to the same
extent that the principal would be authorized to do if the principal were
present, not disabled or incapacitated, and seeking to act in the
principal's own behalf;

(6) To designate or change the designation of beneficiaries to receive
any property, benefit or contract right on the principal's death;

(7) To give or withhold consent to an autopsy or postmortem examination;

(8) To make a gift of, or decline to make a gift of, the principal's body
parts under the Uniform Anatomical Gift Act;

(9) To nominate a guardian or conservator for the principal; and if so
stated in the power of attorney, the attorney in fact may nominate
himself as such;

(10) To give consent to or prohibit any type of health care, medical
care, treatment or procedure to the extent authorized by sections 404.800
to 404.865; or

(11) To designate one or more substitute or successor or additional
attorneys in fact.

7. No power of attorney, whether durable or not durable, and whether or
not it delegates general powers, may delegate or grant power or authority
to an attorney in fact to do or carry out any of the following actions
for the principal:

(1) To make, publish, declare, amend or revoke a will for the principal;

(2) To make, execute, modify or revoke a living will declaration for the
principal;

(3) To require the principal, against his or her will, to take any action
or to refrain from taking any action; or

(4) To carry out any actions specifically forbidden by the principal
while not under any disability or incapacity.

8. A third person may freely rely on, contract and deal with an attorney
in fact delegated general powers with respect to the subjects and
purposes encompassed or expressed in the power of attorney without regard
to whether the power of attorney expressly identifies the specific
property, account, security, storage facility or matter as being within
the scope of a subject or purpose contained in the power of attorney, and
without regard to whether the power of attorney expressly authorizes the
specific act, transaction or decision by the attorney in fact.

9. It is the policy of this state that an attorney in fact acting
pursuant to the provisions of a power of attorney granting general powers
shall be accorded the same rights and privileges with respect to the
personal welfare, property and business interests of the principal, and
if the power of attorney enumerates some express subjects or purposes,
with respect to those subjects or purposes, as if the principal himself
or herself were personally present and acting or seeking to act; and any
provision of law and any purported waiver, consent or agreement executed
or granted by the principal to the contrary shall be void and
unenforceable.

10. Sections 404.700 to 404.735 shall not be construed to preclude any
person or business enterprise from providing in a contract with the
principal as to the procedure that thereafter must be followed by the
principal or the principal's attorney in fact in order to give a valid
notice to the person or business enterprise of any modification or
termination of the appointment of an attorney in fact by the principal;
and any such contractual provision for notice shall be valid and binding
on the principal and the principal's successors so long as such provision
is reasonably capable of being carried out. (L. 1989 H.B. 145 § 5, A.L.
1991 S.B. 148, A.L. 1997 S.B. 265)

1. An attorney in fact acting for the principal under a power of
attorney shall clearly indicate his capacity and shall keep the
principal's property and accounts separate and distinct from all other
property and accounts in a manner to identify the property and accounts
clearly as belonging to the principal.

2. An attorney in fact holding property for a principal complies with
subsection 1 of this section if the property is held in the name of the
principal, in the name of the attorney in fact as attorney in fact for
the principal or in the name of the attorney in fact as personal
custodian for the principal under the Missouri personal custodian law,
uniform custodial trust law or similar law of any state. (L. 1989 H.B.
145 § 6)

1. An attorney in fact who elects to act under a power of
attorney is under a duty to act in the interest of the principal and to
avoid conflicts of interest that impair the ability of the attorney in
fact so to act. A person who is appointed an attorney in fact under a
power of attorney, either durable or not durable, who undertakes to
exercise the authority conferred in the power of attorney, has a
fiduciary obligation to exercise the powers conferred in the best
interests of the principal, and to avoid self-dealing and conflicts of
interest, as in the case of a trustee with respect to the trustee's
beneficiary or beneficiaries; and in the absence of explicit
authorization, the attorney in fact shall exercise a high degree of care
in maintaining, without modification, any estate plan which the principal
may have in place, including, but not limited to, arrangements made by
the principal for disposition of assets at death through beneficiary
designations, ownership by joint tenancy or tenancy by the entirety,
trust arrangements or by will or codicil. Unless otherwise provided in
the power of attorney or in a separate agreement between the principal
and attorney in fact, an attorney in fact who elects to act shall
exercise the authority granted in a power of attorney with that degree of
care that would be observed by a prudent person dealing with the property
and conducting the affairs of another, except that all investments made
on or after August 28, 1998, shall be in accordance with the provisions
of the Missouri prudent investor act, sections 456.900 to 456.913, RSMo.
If the attorney in fact has special skills or was appointed attorney in
fact on the basis of representations of special skills or expertise, the
attorney in fact has a duty to use those skills in the principal's behalf.

2. On matters undertaken or to be undertaken in the principal's behalf
and to the extent reasonably possible under the circumstances, an
attorney in fact has a duty to keep in regular contact with the
principal, to communicate with the principal and to obtain and follow the
instructions of the principal.

3. If the principal is not available to communicate in person with the
attorney in fact because:

(1) The principal is missing under such circumstances that it is not
known whether the principal is alive or dead; or

(2) The principal is captured, interned, besieged or held hostage or
prisoner in a foreign country;

the authority of the attorney in fact under a power of attorney, whether
durable or not, shall not terminate and the attorney in fact may continue
to exercise the authority conferred, faithfully and in the best interests
of the principal, until the principal returns or is publicly declared
dead by a governmental agency, domestic or foreign, or is presumed dead
because of continuous absence of five years as provided in section
472.290, RSMo 1986, or a similar law of the place of the last known
domicile of the person whose absence is in question.

4. If, following execution of a power of attorney, the principal is
absent or becomes wholly or partially disabled or incapacitated, or if
there is a question with regard to the ability or capacity of the
principal to give instructions to and supervise the acts and transactions
of the attorney in fact, an attorney in fact exercising authority under a
power of attorney, either durable or not durable, may consult with any
person or persons previously designated by the principal for such
purpose, and may also consult with and obtain information from the
principal's spouse, physician, attorney, accountant, any member of the
principal's family or other person, corporation or government agency with
respect to matters to be undertaken in the principal's behalf and
affecting the principal's personal affairs, welfare, family, property and
business interests.

5. If, following execution of a durable power of attorney, a court
appoints a legal representative for the principal, the attorney in fact
shall follow the instructions of the court or of the legal
representative, and shall communicate with and be accountable to the
principal's guardian on matters affecting the principal's personal
welfare and to the principal's conservator on matters affecting the
principal's property and business interests, to the extent that the
responsibilities of the guardian or conservator and the authority of the
attorney in fact involve the same subject matter.

6. The authority of an attorney in fact, under a power of attorney that
is not durable, is suspended during any period that the principal is
disabled or incapacitated to the extent that the principal is unable to
receive or evaluate information or to communicate decisions with respect
to the subject of the power of attorney; and an attorney in fact
exercising authority under a power of attorney that is not durable shall
not act in the principal's behalf during any period that the attorney in
fact knows the principal is so disabled or incapacitated.

7. An attorney in fact shall exercise authority granted by the principal
in accordance with the instrument setting forth the power of attorney,
any modification made therein by the principal or the principal's legal
representative or a court, and the oral and written instructions of the
principal, or the written instructions of the principal's legal
representative or a court.

8. An attorney in fact may be instructed in a power of attorney that the
authority granted shall not be exercised until, or shall terminate on,
the happening of a future event, condition or contingency, as determined
in a manner prescribed in the instrument.

9. On the death of the principal, the attorney in fact shall follow the
instructions of the court, if any, having jurisdiction over the estate of
the principal, or any part thereof, and shall communicate with and be
accountable to the principal's personal representative, or if none, the
principal's successors; and the attorney in fact shall promptly deliver
to and put in the possession and control of the principal's personal
representative or successors, any property of the principal and copies of
any records of the attorney in fact relating to transactions undertaken
in the principal's behalf that are deemed by the personal representative
or the court to be necessary or helpful in the administration of the
decedent's estate.

10. If an attorney in fact has a property or contract interest in the
subject of the power of attorney or the authority of the attorney in fact
is otherwise coupled with an interest in a person other than the
principal, this section does not impose any duties on the attorney in
fact that would conflict or be inconsistent with that interest. (L. 1989
H.B. 145 § 7, A.L. 1997 S.B. 265, A.L. 1998 H.B. 1571)

1. As between the principal and attorney in fact or successor
attorney in fact, and any agents appointed by either of them, unless the
power of attorney is coupled with an interest, the authority granted in a
power of attorney shall be modified or terminated as follows:

(1) On the date shown in the power of attorney and in accordance with the
express provisions of the power of attorney;

(2) When the principal, orally or in writing, or the principal's legal
representative with approval of the court in writing informs the attorney
in fact or successor that the power of attorney is modified or
terminated, or when and under what circumstances it is modified or
terminated;

(3) When a written notice of modification or termination of the power of
attorney is filed by the principal or the principal's legal
representative for record in the office of the recorder of deeds in the
city or county of the principal's residence or, if the principal is a
nonresident of the state, in the city or county of the residence of the
attorney in fact last known to the principal, or in the city or county in
which is located any property specifically referred to in the power of
attorney;

(4) On the death of the principal, except that if the power of attorney
grants authority under subdivision (7) or (8) of subsection 6 of section
404.710, the power of attorney and the authority of the attorney in fact
shall continue for the limited purpose of carrying out the authority
granted under either or both of said subdivisions for a reasonable length
of time after the death of the principal;

(5) When the attorney in fact under a durable power of attorney is not
qualified to act for the principal;

(6) On the filing of any action for divorce or dissolution of the
marriage of the principal and the principal's attorney in fact who were
married to each other at or subsequent to the time the power of attorney
was created, unless the power of attorney provides otherwise.

2. Whenever any of the events described in subsection 1 of this section
operate merely to terminate the authority of the particular person
designated as the attorney in fact, rather than terminating the power of
attorney, if the power of attorney designates a successor or contingent
attorney in fact or prescribes a procedure whereby a successor or
contingent attorney in fact may be designated, then the authority
provided in the power of attorney shall extend to and vest in the
successor or contingent attorney in fact in lieu of the attorney in fact
whose power and authority was terminated under any of the circumstances
referred to in subsection 1 of this section.

3. As between the principal and attorney in fact or successor, acts and
transactions of the attorney in fact or successor undertaken in good
faith, in accordance with section 404.714, and without actual knowledge
of the death of the principal or without actual knowledge, or
constructive knowledge pursuant to subdivision (3) of subsection 1 of
this section, that the authority granted in the power of attorney has
been suspended, modified or terminated, relieves the attorney in fact or
successor from liability to the principal and the principal's successors
in interest.

4. This section does not prohibit the principal, acting individually, and
the person designated as the attorney in fact from entering into a
written agreement that sets forth their duties and liabilities as between
themselves and their successors, and which expands or limits the
application of sections 404.700 to 404.735, with the exception of those
acts enumerated in subsection 7 of section 404.710.

5. As between the principal and any attorney in fact or successor, if the
attorney in fact or successor undertakes to act, and if in respect to
such act, the attorney in fact or successor acts in bad faith,
fraudulently or otherwise dishonestly, or if the attorney in fact or
successor intentionally acts after receiving actual notice that the power
of attorney has been revoked or terminated, and thereby causes damage or
loss to the principal or to the principal's successors in interest, such
attorney in fact or successor shall be liable to the principal or to the
principal's successors in interest, or both, for such damages, together
with reasonable attorney's fees, and punitive damages as allowed by law.
(L. 1989 H.B. 145 § 8, A.L. 1997 S.B. 265)

1. A third person, who is acting in good faith, without
liability to the principal or the principal's successors in interest, may
rely and act on any power of attorney executed by the principal; and,
with respect to the subjects and purposes encompassed by or separately
expressed in the power of attorney, may rely and act on the instructions
of or otherwise contract and deal with the principal's attorney in fact
or successor attorney in fact and, in the absence of actual knowledge, as
defined in subsection 3 of this section, is not responsible for
determining and has no duty to inquire as to any of the following:

(1) The authenticity of a certified true copy of a power of attorney
furnished by the principal's attorney in fact or successor;

(2) The validity of the designation of the attorney in fact or successor;

(3) Whether the attorney in fact or successor is qualified to act as an
attorney in fact for the principal;

(4) The propriety of any act of the attorney in fact or successor in the
principal's behalf, including, but not limited to, whether or not an act
taken or proposed to be taken by the attorney in fact, constitutes a
breach of any duty or obligation owed to the principal, including, but
not limited to, the obligation to the principal not to modify or alter
the principal's estate plan or other provisions for distributions of
assets at death, as provided in subsection 1 of section 404.714;

(5) Whether any future event, condition or contingency making effective
or terminating the authority conferred in a power of attorney has
occurred;

(6) Whether the principal is disabled or incapacitated or has been
adjudicated disabled or incapacitated;

(7) Whether the principal, the principal's legal representative or a
court has given the attorney in fact any instructions or the content of
any instructions, or whether the attorney in fact is following any
instructions received;

(8) Whether the authority granted in a power of attorney has been
modified by the principal, a legal representative of the principal or a
court;

(9) Whether the authority of the attorney in fact has been terminated,
except by an express provision in the power of attorney showing the date
on which the power of attorney terminates;

(10) Whether the power of attorney, or any modification or termination
thereof, has been recorded, except as to transactions affecting real
estate;

(11) Whether the principal had legal capacity to execute the power of
attorney at the time the power of attorney was executed;

(12) Whether, at the time the principal executed the power of attorney,
the principal was subjected to duress, undue influence or fraud, or the
power of attorney was for any other reason void or voidable, if the power
of attorney appears to be regular on its face;

(13) Whether the principal is alive;

(14) Whether the principal and attorney in fact were married at or
subsequent to the time the power of attorney was created and whether the
marriage has been dissolved; or

(15) The truth or validity of any facts or statements made in an
affidavit of the attorney in fact or successor with regard to the ability
or capacity of the principal, the authority of the attorney in fact or
successor under the power of attorney, the happening of any event or
events vesting authority in any successor or contingent attorney in fact,
the identity or authority of a person designated in the power of attorney
to appoint a substitute or successor attorney in fact or that the
principal is alive.

2. A third person, in good faith and without liability to the principal
or the principal's successors in interest, even with knowledge that the
principal is disabled or incapacitated, may rely and act on the
instructions of or otherwise contract and deal with the principal's
attorney in fact or successor attorney in fact acting pursuant to
authority granted in a durable power of attorney.

3. A third person that conducts activities through employees shall not be
charged under sections 404.700 to 404.735 with actual knowledge of any
fact relating to a power of attorney, nor of a change in the authority of
an attorney in fact, unless the information is received at a home office
or a place where there is an employee with responsibility to act on the
information, and the employee has a reasonable time in which to act on
the information using the procedures and facilities that are available to
the third person in the regular course of its operations.

4. A third person, when being requested to engage in transactions with a
principal through the principal's attorney in fact, may require the
attorney in fact to provide specimens of his or her signature and any
other information reasonably necessary or appropriate in order to
facilitate the actions of the third person in transacting business
through the attorney in fact, may require the attorney in fact to
indemnify the third person against forgery of the power of attorney, by
bond or otherwise; provided, however, that if the power of attorney is
durable as defined in subsection 1 of section 404.705 and if either the
principal or the attorney in fact seeking to act is and has been a
resident of this state for at least two years, and if the attorney in
fact has executed in the name of the principal and delivered to the third
person an indemnity agreement reasonably satisfactory in form to such
third person, no such bond shall be required; and may prescribe the place
and manner in which the third person will be given any notice respecting
the principal's power of attorney and the time in which the third person
has to comply with any notice. (L. 1989 H.B. 145 § 9, A.L. 1995 S.B. 178,
A.L. 1997 S.B. 265)

1. As between the principal and third persons, the authority
granted in a power of attorney shall terminate on the date of
termination, if any, set out in the power of attorney or on the date when
the third person acquires actual knowledge of the death of the principal
or that the authority granted in the power of attorney has been
suspended, modified or terminated.

2. As between the principal and third persons, the acts and transactions
of an attorney in fact are binding on the principal and the principal's
successors in interest in any situation in which a third person is
entitled to rely under section 404.719.

3. This section does not prohibit the principal, acting individually, and
a third person from entering into a written agreement that sets forth
their duties and liabilities as between themselves and their successors,
and which expands or limits the application of sections 404.700 to
404.735, except that no agreement shall limit or restrict the right of
the principal to act with respect to the third person through an attorney
in fact appointed in a durable power of attorney. (L. 1989 H.B. 145 § 10)

1. An attorney in fact or successor from time to time may
revocably delegate any or all of the powers granted in a durable power of
attorney to one or more qualified persons, subject to any directions or
limitations of the principal expressed in the power of attorney, but the
attorney in fact making the delegation shall remain responsible to the
principal for the exercise or nonexercise of the powers delegated.

2. The principal in a durable power of attorney may revocably name one or
more qualified persons as successor attorneys in fact to exercise the
authority granted in the power of attorney in the order named in the
event a prior named attorney in fact resigns, dies, becomes disabled or
incapacitated, is not qualified to act or refuses to act; and the
principal in a durable power of attorney may revocably grant a power to
another person, designated by name, by office, or by function, including
the initial and any successor attorney in fact, whereby there may be
revocably named at any time one or more successor attorneys in fact.

3. A delegated or successor attorney in fact need not indicate his or her
capacity as a delegated or successor attorney in fact.

4. If a wholly or partially incapacitated or wholly or partially disabled
person has provided for personal care or property management in an
unrevoked durable power of attorney which the court finds is reasonably
adequate to provide guidance to the attorney in fact for the conduct of
the principal's personal or business affairs, and there is no attorney in
fact or successor designated in the durable power of attorney who is
willing, able and available to act, the court in lieu of appointing a
full or limited guardian or a full or a limited conservator may appoint
any adult person or financial institution as successor attorney in fact
to act pursuant to the incapacitated or disabled principal's durable
power of attorney, with or without bond and with or without court
supervision, upon such terms and conditions as the court may require. In
lieu of or in addition to appointing a successor attorney in fact or a
limited or full conservator for management of a disabled person's estate
the court may appoint any adult person or financial institution to act as
personal custodian of the disabled person's estate pursuant to section
404.510. None of the actions described in this subsection shall be taken
by the court until after hearing upon reasonable notice to all persons
identified in a verified statement supplied by the petitioner who is
requesting such action identifying the immediate relatives of the
principal and any other persons known to the petitioner to be interested
in the welfare of the principal; except that in the event of an emergency
as determined by the court, the court may, without notice, enter such
temporary order as seems proper to the court, but no such temporary order
shall be effective for more than thirty days unless extended by the court
after hearing on reasonable notice to the persons identified as herein
provided. (L. 1989 H.B. 145 § 11, A.L. 1997 S.B. 265)

Subject to the provisions of the power of attorney and any
separate agreement, an attorney in fact is entitled to reasonable
compensation for services rendered to the principal as attorney in fact
and reimbursement for reasonable expenses incurred as a result of acting
as attorney in fact for the principal. (L. 1989 H.B. 145 § 12)

1. The principal may petition the court for an accounting by the
principal's attorney in fact or the legal representative of the attorney
in fact. If the principal is disabled, incapacitated or deceased, a
petition for accounting may be filed by the principal's legal
representative, an adult member of the principal's family or any person
interested in the welfare of the principal.

2. Any requirement for an accounting may be waived or an accounting may
be approved by the court without hearing, if the accounting is waived or
approved by a principal who is not disabled, or by a principal whose
legal capacity has been restored, or by all creditors and distributees of
a deceased principal's estate whose claims or distributions theretofore
have not been satisfied in full. The approval or waiver shall be in
writing, signed by the affected persons and filed with the court.

3. For the purposes of subsection 2 of this section, a legal
representative or a person providing services to the principal's estate
shall not be considered a creditor of the principal's estate; and no
express approval or waiver shall be required from the legal
representative of a disabled or incapacitated principal if the
principal's legal capacity has been restored, or from the personal
representative of a deceased principal's estate, or from any other person
entitled to compensation or expense for services rendered to a disabled,
incapacitated or deceased principal's estate, unless the principal or the
principal's estate is unable to pay in full the compensation and expense
to which the person rendering the services may be entitled.

4. The principal, the principal's attorney in fact, an adult member of
the principal's family or any person interested in the welfare of the
principal may petition the probate division of the circuit court in the
county or city where the principal is then residing to determine and
declare whether a principal, who has executed a power of attorney, is a
disabled or incapacitated person.

5. If the principal is a disabled or incapacitated person, on petition of
the principal's legal representative, an adult member of the principal's
family or any interested person, including a person interested in the
welfare of the principal, for good cause shown the court, may:

(1) Order the attorney in fact to exercise or refrain from exercising
authority in a durable power of attorney in a particular manner or for a
particular purpose;

(2) Modify the authority of an attorney in fact under a durable power of
attorney;

(3) Declare suspended a power of attorney that is not durable;

(4) Terminate a durable power of attorney;

(5) Remove the attorney in fact under a durable power of attorney;

(6) Confirm the authority of an attorney in fact or a successor attorney
in fact to act under a durable power of attorney; and

(7) Issue such other orders as the court finds will be in the best
interest of the disabled or incapacitated principal, including
appointment of a guardian or conservator for the principal.

6. If, after notice and hearing, the court determines that there has been
a prima facie showing that the principal is a disabled or incapacitated
person and that the attorney in fact has breached his fiduciary duty to
the principal or that there is a reasonable likelihood that he may do so
in the immediate future, the court may, in its discretion, issue an order
that some or all of the authority granted by the power of attorney be
suspended or modified, and that a different attorney in fact be
authorized to exercise some or all of the powers granted by the power of
attorney. Such attorney in fact may be designated by the court. The court
may require any person petitioning for any such order to file a bond in
such amount and with such sureties as required by the court to indemnify
either the attorney in fact who has been acting on behalf of the
principal or the principal and the principal's successors in interest for
the expenses, including attorney's fees, incurred by any such persons
with respect to such proceeding. The court may, after hearing, allow
payment or enter judgment for any such amount in the manner as provided
by subsection 6 of section 404.731. None of the actions described in this
subsection shall be taken by the court until after hearing upon
reasonable notice to all persons identified in a verified statement
supplied by the petitioner who is requesting such action identifying the
immediate relatives of the principal and any other persons known to the
petitioner to be interested in the welfare of the principal; except that
in the event of an emergency as determined by the court, the court may,
without notice, enter such temporary order as seems proper to the court,
but no such temporary order shall be effective for more than thirty days
unless extended by the court after hearing on reasonable notice to the
persons identified as herein provided.

7. If a power of attorney is suspended or terminated by the court or the
attorney in fact is removed by the court, the court may require an
accounting from the attorney in fact and order delivery of any property
belonging to the principal and copies of any necessary records of the
attorney in fact concerning the principal's property and affairs to a
successor attorney in fact or the principal's legal representative.

8. In a proceeding under sections 404.700 to 404.735 or in any other
proceeding, or upon petition of an attorney in fact or successor, the
court may:

(1) Require or permit an attorney in fact under a durable power of
attorney to account;

(2) Authorize the attorney in fact under a durable power of attorney to
enter into any transaction, or approve, ratify, confirm and validate any
transaction entered into by the attorney in fact that the court finds is,
was or will be beneficial to the principal and which the court has power
to authorize for a guardian or conservator under chapter 475, RSMo; and

(3) Relieve the attorney in fact of any obligation to exercise authority
for a disabled or incapacitated principal under a durable power of
attorney.

9. Unless previously barred by adjudication, consent or limitation, any
cause of action against an attorney in fact or successor for breach of
duty to the principal shall be barred as to any principal who has
received an account or other statement fully disclosing the matter unless
a proceeding to assert the cause of action is commenced within two years
after receipt of the account or statement by him or, if the principal is
a disabled or incapacitated person, by a guardian or conservator of his
estate; provided that, if a disabled or incapacitated person has no
guardian or conservator of his estate at the time an account or statement
is presented, then the cause of action shall not be barred until one year
after the removal of the principal's disability or incapacity, one year
after the appointment of a conservator for the principal, or one year
after the death of the principal. The cause of action thus barred does
not include any action to recover from an attorney in fact or successor
for fraud, misrepresentation or concealment related to the settlement of
any transaction involving the agency relationship of the attorney in fact
with the principal. (L. 1989 H.B. 145 § 13, A.L. 1997 S.B. 265)

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

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

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

(3) The acts and transactions of the attorney in fact or successor
occurred 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 state and
the subject matters of the power of attorney.

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

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

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

4. Sections 404.700 to 404.735 shall not be construed to apply to powers
of attorney that are not durable except where specifically so stated; and
sections 404.700 to 404.735, insofar as they apply to powers of attorney
that are not durable, are intended to be declaratory of existing law.

5. A durable power of attorney that purports to have been made under the
provisions of the uniform durable power of attorney act or a
substantially similar law of another state is governed by the law of the
designated state and, if durable where executed, is durable and may be
carried out and enforced in this state.

6. A power of attorney, whether durable or not, executed by a resident of
another state, may authorize the carrying out in this state of all acts
permitted to be delegated to an agent by the laws of the state of the
residence of the principal, the laws of the state where the power of
attorney is executed, or the laws of this state, whichever law is most
favorable toward authorizing such delegation, and is durable if so
designated either under the laws of this state, under the laws of the
state of residence of the principal, or under the laws of the state where
the power of attorney is executed. (L. 1989 H.B. 145 § 14, A.L. 1997 S.B.
265)

1. The probate division of the circuit court may hear and
determine all matters pertaining to acts and transactions of an attorney
in fact performed or undertaken under a power of attorney on behalf of a
principal who is disabled or incapacitated, or who has become deceased.

2. The provisions of chapter 472, RSMo, apply to judicial proceedings
involving powers of attorney to the extent that they apply to judicial
proceedings involving trusts and are not inconsistent with sections
404.700 to 404.735.

3. If the probate division of the circuit court appoints a guardian or
conservator for a principal who has appointed an attorney in fact under a
durable power of attorney, after notice and hearing, the court may
specify in an order the powers, duties and responsibilities of the
principal's legal representative and any attorney in fact appointed under
a durable power of attorney and the manner in which they shall coordinate
the exercise of their respective powers and duties for and on behalf of
the principal.

4. Upon filing of a petition under sections 404.700 to 404.735, the court
shall issue an order to such persons and returnable on such notice as the
court may require, to show cause why the relief prayed for in the
petition should not be granted and, in due course, shall proceed to grant
such relief as the court finds to be in the best interest of the
principal.

5. Notwithstanding any other provision of law, if it is suggested in a
petition filed by the principal, a creditor, a person interested in the
welfare of the principal, or other interested person, including a member
of the principal's family who may have a property right or claim against
or an expectancy, reversionary or other interest in the estate of the
principal, or if it affirmatively appears to the court that the principal
is disabled or incapacitated and there is a possible conflict of interest
between the principal and the attorney in fact, the court may appoint a
guardian or conservator ad litem to represent the principal in any
proceeding to adjudicate any right affected by the possible conflict of
interest. The guardian or conservator ad litem shall have only such
authority as is provided in the order of appointment and shall serve
until discharged by the court.

6. If a court appoints a guardian or conservator ad litem for the
principal, the court may, by order entered in the proceeding, provide
reasonable compensation and reimbursement for expenses for the guardian
or conservator ad litem and, in appropriate cases, allow the payment out
of the estate of the principal or enter a judgment for the amount as
costs against some other person who is a party to the proceeding and
whose conduct is determined by the court as giving rise to the necessity
for the appointment of the guardian or conservator ad litem. (L. 1989
H.B. 145 § 15)

1. The repeal of the Missouri durable power of attorney law,
sections 486.550 to 486.595, RSMo, 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)

The amendments to the durable power of attorney law of Missouri
enacted in 1997 are effective August 28, 1997, and shall apply, except
that, as to powers of attorney executed prior to January 1, 1999, the
laws in effect prior to August 28, 1997, shall apply if such prior laws
shall be more favorable to construing said powers of attorney to:

(1) Be durable; or

(2) Grant a power sought to be exercised by the attorney-in-fact. (L.
1998 H.B. 1103 § 404.734 merged with S.B. 537)

Sections 404.800 to 404.865 may be cited as the "Durable Power
of Attorney for Health Care Act". (L. 1991 S.B. 148)

1. As used in sections 404.800 to 404.865, the following terms
mean:

(1) "Certification", a written instrument or a written entry in a medical
record;

(2) "Incapacitated", a person who is unable by reason of any physical or
mental condition to receive and evaluate information or to communicate
decisions to such an extent that he lacks capacity to meet essential
requirements for food, clothing, shelter, safety or other care such that
serious physical injury, illness or disease is likely to occur;

(3) "Patient", the principal of a durable power of attorney for health
care under sections 404.800 to 404.865.

2. The definitions of section 404.703 shall apply to sections 404.800 to
404.865 except as modified by this section. (L. 1991 S.B. 148)

Section 404.710, section 404.714, section 404.705, subsections 1
and 2 of section 404.707, section 404.717, subsection 1 and 2 of section
404.723, section 404.727, and section 404.731 shall apply to powers
granted under sections 404.800 to 404.865. No other provisions of
sections 404.700 to 404.735 shall apply to the durable power of attorney
for health care act unless specifically incorporated by reference
therein. (L. 1991 S.B. 148)

Notwithstanding any other provision of law to the contrary, an
attending physician or an employee of the attending physician, or an
owner, operator or employee of a health care facility in which the
patient is a resident, shall not serve as an attorney in fact unless:

(1) The patient and attorney in fact are related by affinity or
consanguinity within the second degree;

(2) The patient and attorney in fact are members of the same community of
persons who are bound by vows to a religious life and who conduct or
assist in the conducting of religious services and actually and regularly
engage in religious, benevolent, charitable, or educational ministry, or
the performance of health care services. (L. 1991 S.B. 148)

1. If a patient wishes to confer on an attorney in fact the
authority to direct a health care provider to withhold or withdraw
artificially supplied nutrition and hydration, the patient shall
specifically grant such authority in the power of attorney. This
limitation shall not be construed to require that artificially supplied
nutrition and hydration be continued when, in the medical judgment of the
attending physician, the patient cannot tolerate it.

2. Notwithstanding any other provision of sections 404.800 to 404.865 to
the contrary, no attorney in fact may, with the intent of causing the
death of the patient, authorize the withdrawal of nutrition or hydration
which the patient may ingest through natural means.

3. Attorneys in fact shall consider appropriate measures in accord with
current standards of medical practice to provide comfort to the patient.

4. Before an attorney in fact or physician may authorize the withdrawal
of nutrition or hydration which the patient may ingest through artificial
means, the physician must:

(1) Attempt to explain to the patient the intention to withdraw nutrition
and hydration and the consequences for the patient and to provide the
opportunity for the patient to refuse the withdrawal of nutrition and
hydration; or

(2) Insert in the patient's file a certification that the patient is
comatose or consistently in a condition which makes it impossible for the
patient to understand the intention to withdraw nutrition and hydration
and the consequences to the patient. (L. 1991 S.B. 148)

In making any health care decision in accordance with sections
404.800 to 404.865, the attorney in fact shall seek and consider
information concerning the patient's medical diagnosis, the patient's
prognosis and the benefits and burdens of the treatment to the patient.
In withdrawing treatment, which withdrawal will allow the preexisting
condition to run its natural course, the attorney in fact shall seek
evidence of the medical diagnosis and the prognosis and the benefit and
burden of the treatment to the patient to the extent possible within
prevailing medical standards. (L. 1991 S.B. 148)

Unless the patient expressly authorizes otherwise in the power
of attorney, the powers and duties of the attorney in fact to make health
care decisions shall commence upon a certification by two licensed
physicians based upon an examination of the patient that the patient is
incapacitated and will continue to be incapacitated for the period of
time during which treatment decisions will be required and the powers and
duties shall cease upon certification that the patient is no longer
incapacitated. One of the certifying physicians may be the patient's
attending physician. The certification shall be made according to
accepted medical standards. The determination of incapacity shall be
periodically reviewed by the attending physician. The certification shall
be incorporated into the medical records and shall set forth the facts
upon which the determination of incapacity is based and the expected
duration of the incapacity. Other provisions of this section to the
contrary notwithstanding, certification of incapacity by at least one
physician is required. (L. 1991 S.B. 148)

1. No physician, nurse, or other individual who is a health care
provider or an employee of a health care facility shall be required to
honor a health care decision of an attorney in fact if that decision is
contrary to the individual's religious beliefs, or sincerely held moral
convictions.

2. No hospital, nursing facility, residential care facility, or other
health care facility shall be required to honor a health care decision of
an attorney in fact if that decision is contrary to the hospital's or
facility's institutional policy based on religious beliefs or sincerely
held moral convictions unless the hospital or facility received a copy of
the durable power of attorney for health care prior to commencing the
current series of treatments or current confinement.

3. Any health care provider or facility which, pursuant to subsection 1
or 2 of this section, refuses to honor a health care decision of an
attorney in fact shall not impede the attorney in fact from transferring
the patient to another health care provider or facility. (L. 1991 S.B.
148)

1. It shall be unlawful for a physician, nurse or other
individual who is a health care provider or an employee of a health care
facility, hospital, nursing facility, residential care facility or other
health care facility to require an individual to execute a durable power
of attorney for health care as a condition for the provision of health
care services or admission to a health care facility.

2. It shall be unlawful for an insurance company authorized to transact
health insurance business in this state, nonprofit health care service
plan, health maintenance organization, or other similar person or entity
who contracts or agrees to the provision of health care benefits to
require an individual to execute a durable power of attorney for health
care as a condition to being insured or to receive benefits for health
care services. (L. 1991 S.B. 148)

1. A copy of a power of attorney for health care decisions shall
be made a part of the patient's medical record when the existence of the
power of attorney becomes known to the patient's health care provider and
prior to the provider's taking any action pursuant to the decision of the
attorney in fact.

2. Except to the extent the right is limited by the power of attorney or
any federal law, an attorney in fact designated to make health care
decisions has the same right as the patient to receive information
regarding the proposed health care, to receive and review medical records
and to consent to the disclosure of medical records. However, the right
to access to medical records is not a waiver of any evidentiary
privilege. (L. 1991 S.B. 148)

1. Nothing contained in sections 404.800 to 404.865 shall
revoke, amend or limit the operation of chapter 565, RSMo.

2. If the patient's death results from withholding or withdrawing
life-sustaining treatment in accordance with the terms of the durable
power of attorney for health care act, the death shall not constitute a
suicide or homicide for any purpose under any statute or other rule of
law and shall not impair or invalidate any insurance, annuity or other
type of contract that is conditioned on the life or death of the patient,
any term of the contract to the contrary notwithstanding. (L. 1991 S.B.
148)

Nothing contained in sections 404.800 to 404.865 shall be
construed to invalidate any durable power of attorney executed prior to
August 28, 1991, which permits an attorney in fact to make health care
decisions for the principal. The provisions of sections 404.710 and
404.820 henceforth apply to durable powers of attorney for health care
executed prior to August 28, 1991. In the absence of a specific writing,
decisions regarding nutrition and hydration must be made in accordance
with state and federal law. (L. 1991 S.B. 148)

1. A power of attorney for health care may be revoked at any
time and in any manner by which the patient is able to communicate the
intent to revoke. Revocation shall be effective upon communication of
such revocation by the patient to the attorney in fact or to the
attending physician or health care provider.

2. Upon learning of the revocation of a power of attorney for health
care, the attending physician or other health care provider shall cause
the revocation to be made a part of the patient's medical records.

3. Unless the power of attorney provides otherwise, execution by the
patient of a valid power of attorney for health care revokes any prior
power of attorney for health care. (L. 1991 S.B. 148)

A third person, if acting in good faith, may rely and act on the
instruction of and deal with the attorney in fact acting pursuant to the
authority granted in a power of attorney for health care without
liability to the patient or the patient's successors in interest. (L.
1991 S.B. 148)

Notwithstanding the provisions of subsection 1 of section
404.723, an attorney in fact shall not be authorized to delegate such
health care decision-making power to another person unless explicitly
authorized by the patient in the durable power of attorney for health
care to make such delegation. (L. 1991 S.B. 148)

Nothing in sections 404.710 to 404.865 shall be construed to
authorize, approve or condone discrimination against the handicapped or
the disabled in the exercise of the authority of a durable power of
attorney for health care. Decisions based on factors listed in section
404.822 shall not be considered discriminatory.

(L. 1991 S.B. 148 § 1)

No physician, nurse, or other individual who is a health care
provider or an employee of a health care facility shall be discharged or
otherwise discriminated against in his employment or employment
application for refusing to honor a health care decision withholding or
withdrawing life-sustaining treatment if such refusal is based upon the
individual's religious beliefs, or sincerely held moral convictions. (L.
1992 S.B. 573 & 634 § 7)

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