A Missouri durable power of attorney for health care directive is a legal document that allows you to name someone you trust, called an agent, who can make medical care decisions on your behalf if you can’t make them for yourself.
A Missouri health care power of attorney document provides peace of mind to anyone over the age of 18 because it ensures that your medical wishes will be respected if you are unable to communicate or make decisions.
This type of health care directive is part of estate planning decisions that can make even the most difficult circumstances easier on yourself and your loved ones. Learn more about the durable power of attorney for health care in Missouri.
What Does Missouri Law Say About Durable Powers of Attorney for Health Care?
What is a durable power of attorney for health care in Missouri? The Missouri durable power of attorney for health care, which is often simply called a medical power of attorney, is a legal document you create separate from other directives.
This advance directive allows you to decide on someone you trust to make health care decisions for you if you’re unable to make them yourself.
The Missouri advance health care directive statutes, which are covered by the Durable Power of Attorney for Health Care Act, state that you must be at least 18 years old and of sound mind to create the document.
You must choose an agent who is also 18 or older and is capable of meeting their responsibilities. Your doctor or any employee of a facility in which you are a patient or resident cannot be the agent.
Advance directives do not expire according to Missouri law, but they should be reviewed regularly. You can modify the directive at any time. Missouri durable power of attorney for health care laws protect health care providers who choose not to honor an agent’s decision if it conflicts with their moral or religious beliefs.
Health care agents also cannot delegate their decision-making power unless the directive expressly states this. They may not remove artificially supplied nutrition or hydration unless the principal authorized it.
A Missouri health care proxy can be empowered to make burial and other funeral arrangements for you once you have died. One vital part of the law governing this type of directive is that it is unlawful for hospitals or other facilities to require you to execute a durable power of attorney as a condition of receiving care.
Which Missouri Statutes Govern a Health Care Power of Attorney?
A durable medical power of attorney in Missouri is governed by the Durable Power of Attorney for Health Care Act (RSMo Sections 404.800 to 404.865). You can find definitions of the terms used in the statute, as well as information on who can be an agent.
The durable power of attorney for health care in Missouri statutes state that the principal must explicitly grant the agent power when it comes to withholding or withdrawing life-supporting care. The Missouri power of attorney for medical decisions grants the agent access to medical records so that they can make appropriate decisions, as well.
Additionally, the statutes provide immunity to third-party medical providers who act in good faith when following the instructions of the agent. If they don’t agree with the decisions based on moral or religious reasons, they are not obligated to follow them.
What Formalities Must Be Followed to Create a Valid Missouri Health Care Power?
One of the formalities to keep in mind when looking for how to create a health care power of attorney in Missouri is that it must be a written directive. It cannot be verbal. It must be signed and dated. If the principal cannot sign for themselves, then another adult, at their direction and in their presence, can sign for them.
A Missouri durable power of attorney healthcare directive must be signed in front of two adult witnesses or in the presence of a licensed notary public. The witnesses must be 18 or older, and they cannot be your health care agent, directly involved in your medical care, a beneficiary of your estate, or a spouse or blood relative.
For a Missouri medical power of attorney form to be valid, you don’t need to file it with a government agency or court. Provide a copy to your agent and your physician.
When Does a Missouri Durable Health Care Power of Attorney Take Effect?
A health care POA in Missouri takes effect only when you are deemed to be incapacitated and unable to make your own care decisions. The agent’s power is triggered when two doctors examine you and determine you to be incapacitated. You can decide whether you would like this assessment made by one or two doctors. The two-doctor rule applies unless you specifically mention otherwise.
Under Missouri law, you can place an expiration date on this type of directive.
What Decisions Can a Missouri Health Care Agent Make?
How does a Missouri health care power of attorney work? An agent can make most medical and personal care decisions for the principal. They can agree to, refuse, or withdraw a variety of medical treatments, diagnostic tests, and surgical procedures. They can choose to hire or dismiss medical providers and can make choices regarding facilities.
Agents have access to all medical records, including hospital files. If the Missouri advance directive power of attorney states so, they can also have the ability to make mental health care decisions for the principal.
Agents can make decisions on palliative care and pain management. The principal may also allow them to decide whether to end life support, artificial nutrition, and hydration.
The principal can place restrictions on the powers that an agent has. These need to be clearly described in the directive so that there are no disputes.
What Legal Duties Does a Missouri Health Care Agent Have?
Under Missouri durable power of attorney laws, an agent must respect the principal’s wishes. They must make treatment choices based on the instructions in the advance directive. They are tasked with reviewing all medical records so that they can make informed choices regarding treatments. Agents must act in the principal’s best interests if their exact wishes are not clear.
An agent must communicate with medical professionals and give consent or refusal for medical care. They must be ready to manage day-to-day medical decisions, too. Many agents will also need to make end-of-life decisions, but this must be clearly stated in the document.
An agent’s power only applies to medical and personal care decisions. Anything related to finances must be decided by others.
How Do Living Wills and Other Advance Directives Interact With a Health Care Power?
A Missouri medical power of attorney can be combined with other directives, like living wills, to protect all of your wishes. A living will states your specific instructions for your end-of-life care. In this document, you can make specific instructions that can provide guidance for your agent if they are unsure about how to handle issues like ending life support. The agent will not be able to override clear instructions in the living will.
On the other hand, if there are gaps in your living will, your agent can fill them. Your agent is empowered to interpret your general wishes and to make real-time decisions. In most instances, your care team will look to your agent to assist with your living will because they will have a better idea of your intentions. Having both documents offers a double layer of protection.
How Can a Missouri Health Care Power of Attorney Be Changed or Revoked?
You can change or revoke a health care power of attorney in Missouri at any time, but you must have the mental capacity to do so. You can change or revoke the document verbally or in writing, though the latter is the better choice. The revocation or change applies as soon as you let your agent or health care provider know.
You can also create a new document and sign it in front of appropriate witnesses. As soon as you do this, the older version is automatically revoked. It can be helpful to collect and destroy older copies so that there is no confusion.
Protect Your Health Care Wishes With Help From Estate Planning Attorneys
It’s never too early to think about advance directives. These legal documents can ensure that your choices are respected and that you are treated with the dignity you deserve, even when you can’t speak up for yourself. Writing a directive for a health care power of attorney in Missouri offers the chance for someone to make decisions on medical care if you’re incapacitated.
At The Law Office of David S. Schleiffarth, LLC, we provide the comprehensive estate planning services you need. With decades of experience and a dedication to each of our clients, we can assist you as you make some of the most important decisions of your life. Contact us to schedule a consultation with one of our lawyers.
