According to Missouri law, an adult may prepare a written statement known as a living will declaration to control the health care treatment decisions that can be made on that person behalf
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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:
- surgery
- heart-lung resuscitation (CPR)
- antibiotics
- mechanical ventilator (respirator)
- dialysis
- tube feedings (food and water delivered through a tube in the vein, nose or stomach)
- chemotherapy.
The Missouri Living Will Declaration shall be given operative effect only if the declarant's condition is determined to be terminal and the declarant is not able to make treatment decisions. A physician, health care professional or facility or other person may not act contrary to the declarant's expressed intent to withhold or withdraw death prolonging procedures without serious reason therefore consistent with the best interest of the declarant.
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:
- In writing and signed by the individual making the declarations about his healthcare;
- Witnessed by two individuals of lawful age (18) who are not the agent, not related to the principal by blood, marriage or adoption, not entitled to any portion of principal's estate and not financially responsible for principal's health care; OR
- Acknowledged by a notary public;
- Document must be dated.
It is the responsibility of declarant to provide for notification to the declarant's attending physician of the existence of the Living Will Declaration. An attending physician who is so notified shall make the declaration, or a copy of the declaration, a part of the declarant's medical records.
A declaration may be revoked at any time by the declarant by any of the following methods:
- by being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel;
- by a written revocation of the declaration signed and dated by the declarant or person acting at the direction of the declarant;
- or by a verbal expression of the intent to revoke the declaration, in the presence of a witness eighteen (18) years of age or older who signs and dates a writing confirming that such expression of intent was made. Any verbal revocation shall become effective upon receipt by the attending physician of the above mentioned writing.
Any verbal revocation shall become effective upon receipt by the attending physician of the above mentioned writing.
If there is something you do not understand about this Missouri Living Will Declaration you should consult an attorney.
Before signing this Missouri Living Will you need to discuss your treatment with your physician in as many details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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