According to Missouri Statute, an adult may prepare a written statement known as Advance Directive to control the health care treatment decisions that can be made on that person behalf
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Medical power of attorney designating a surrogate to make health care decisions for a principal. Missouri law provides for both a Health Care Power of Attorney and Living Will. You may use either or both of these forms |
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The Missouri Advance Health Care Directive is any written instructions concerning the making of medical treatment decisions on
behalf of the person who has provided the instructions. An advance medical directive includes Living Will Declaration and/or
Power of Attorney for Health Care executed pursuant to Missouri Revised Statutes Chapter 459.
Legal Helpmate® provides you with two options 1) The Premium Package - Missouri Advance Health Care Directive contains the following documents:
LIVING WILL DECLARATION The Missouri Living Will Declaration is designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to make your wishes known because of illness or injury. These wishes are usually based on personal values.In particular, you may want to consider what burdens or hardships of treatment you would be willing to accept in exchange for obtaining a certain degree of benefit obtained if you were seriously ill. In you Living Will you can decide whether you want any of the following procedures:
The Missouri Living Will Declaration to withdraw or withhold treatment by a patient diagnosed as pregnant by the attending physician shall have no effect during the course of the declarant's pregnancy. Under Missouri law this document must be:
A declaration may be revoked at any time by the declarant by any of the following methods:
POWER OF ATTORNEY FOR HEALTH CARE You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.The Missouri Durable Power of Attorney for Health Care is an important legal document. This document gives the person you name as your Health Care Agent the authority to make any and all health care decisions for you in accordance with your wishes, including your religious and moral beliefs, when you are no longer capable of making them yourself. Because "health care" means any treatment, service, or procedures to maintain, diagnose, or treat your physical or mental condition, your Agent has the power to make a broad range of health care decisions for you. Your Agent may consent, refuse to consent, or withdraw consent to medical treatment and may make decisions about withdrawing or withholding life-sustaining treatment. Your Agent may not consent to voluntary inpatient mental health services, convulsive treatment, psychosurgery, or abortion. A physician must comply with your Agent's instructions or allow you to be transferred to another physician. Your Agent's authority begins when your doctor certifies that you lack the competence to make health care decisions. Your Agent is obligated to follow your instructions when making decisions on your behalf. Unless you state otherwise, your Agent has the same authority to make decisions about your health care as you would have had. You should take some time to discuss your thoughts and beliefs about medical treatment with the person or persons whom you have specified. The person you appoint as a Health Care Agent should be someone you know and trust. The person must be 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed. If you appoint your health or residential care provider (e.g., your physician or an employee of a home health agency, hospital, nursing home, or residential care home, other than a relative), that person has to choose between acting as your Agent or as your health or residential care provider; the law does not permit a person to do both at the same time. You should inform the person you appoint that you want the person to be your Health Care Agent. You should discuss this document with your Agent and your physician and give each a signed copy. You should indicate on the document itself the people and institutions who have signed copies. Your Agent is not liable for health care decisions made in good faith on your behalf. This Missouri Durable Power of Attorney for Health Care may not be changed or modified. If you want to make changes in the document, you must make an entirely new one. You may wish to designate an alternate agent in the event that your Agent is unwilling, unable, or ineligible to act as your Agent. Any alternate agent you designate has the same authority to make health care decisions for you. THIS MISSOURI POWER OF ATTORNEY IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES: (1) the person designated by the Principal as your Health Care Agent;(2) a person related to the Principal by blood or marriage; (3) a person entitled to any part of the Principal’s estate after the Principal’s death under a will or codicil executed by the Principal or by operation of law; (4) the Principal’s attending physician; (5) an employee of the Principal’s attending physician; (6) an employee of a health care facility in which the Principal is a patient if the employee is providing direct patient care to the Principal or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or (7) a person who, at the time this power of attorney is executed, has a claim against any part of the Principal’s estate after his or her death. Do not sign these documents unless you clearly understand it. It is suggested that you keep the original of these legal forms on file with your physician and family members. If there is something you do not understand about these Missouri Living Will Declaration and Missouri Durable Health Care Power of Attorney you should consult an attorney. |
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