Missouri Revised Statutes

Mo. Rev. Stat. § 404.721 (2026)

Liability as between principal and third person

✓ current as of May 2026
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  404.721.  Liability as between principal and third person. — 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.

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(L. 1989 H.B. 145 § 10)

Notes of Decisions
Cited in 1 case, 2001–2001 · leading case: Duncan v. Massanari, 200 F. Supp. 2d 1068 (E.D. Mo. 2001).
Duncan v. Massanari, 200 F. Supp. 2d 1068 (E.D. Mo. 2001). · cites it 10× “Next, the Appeals Council looked to § 404.721, which, as does § 404.720, expressly applies in cases where proof of death is necessary to a claim.”
— Mo. Rev. Stat. § 404.721(a) — 1 case
Duncan v. Massanari, 200 F. Supp. 2d 1068 (E.D. Mo. 2001). “Next, the Appeals Council looked to § 404.721, which, as does § 404.720, expressly applies in cases where proof of death is necessary to a claim.”
— Mo. Rev. Stat. § 404.721(b) — 1 case
Duncan v. Massanari, 200 F. Supp. 2d 1068 (E.D. Mo. 2001). “Next, the Appeals Council looked to § 404.721, which, as does § 404.720, expressly applies in cases where proof of death is necessary to a claim.”
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