Attorney-Approved  Living Will Document for Missouri Open Document Now

Attorney-Approved Living Will Document for Missouri

The Missouri Living Will form is a legal document that allows individuals to outline their preferences for medical treatment in the event they become unable to communicate their decisions. This document serves as a directive to physicians and family members regarding end-of-life care and other critical treatment choices. For those interested in taking control of their healthcare decisions, filling out the Missouri Living Will form is a crucial step; click the button below to get started.

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When facing serious health issues, many people wish to have their healthcare preferences known and respected, especially in situations where they might not be able to communicate those wishes themselves. This is where the Missouri Living Will form comes into play, serving as a crucial legal document that allows residents of Missouri to outline their medical treatment preferences should they become incapacitated or unable to make decisions for themselves. The document covers a range of decisions, from the use of life-sustaining treatments to preferences for pain management and end-of-life care. It acts not only as a guide for healthcare providers but also as a source of peace of mind for the individual and their loved ones, ensuring that the person’s medical treatment aligns with their values and wishes. By completing this form, individuals can assert their rights to make decisions about their own healthcare, underscore the importance of personal autonomy in medical contexts, and relieve their family members from the burden of making those difficult decisions during emotional times.

Example - Missouri Living Will Form

Missouri Living Will Template

This Living Will is designed in compliance with the Missouri Natural Death Act. It allows you to declare your wishes regarding medical treatment in the event that you are unable to communicate your desires due to a terminal condition or permanent unconsciousness.

Personal Information

Full Name: _________________________________________________________

Date of Birth: _____________________________________________________

Address: __________________________________________________________

City: ____________________________ State: MO Zip Code: ______________

Phone Number: ____________________________________________________

Declaration

I, _______________________________, being of sound mind, willfully, and voluntarily make known my desire that my dying not be artificially prolonged under the circumstances set forth below, and I declare:

Lifesaving Treatments

In the event that I suffer from a terminal condition or am in a state of permanent unconsciousness, and my attending physicians have determined that there is no reasonable expectation of my recovery, I direct that:

  1. All treatments that could prolong my life be withheld or withdrawn, except as stated below:
  2. _______________________________________________________________.
  3. I wish to receive the following types of treatments or care:
  4. Pain relief
  5. Nutrition and hydration, only if administered orally
  6. Other: ________________________________________________________

Designation of Health Care Agent

I designate the following individual as my attorney-in-fact (agent) to make health care decisions for me if I am unable to make such decisions for myself:

Name: ____________________________________________________________

Relationship: _____________________________________________________

Phone Number: ____________________________________________________

Alternate Agent (if primary agent is unable to serve):

Name: ____________________________________________________________

Relationship: _____________________________________________________

Phone Number: ____________________________________________________

Organ Donation

I express the following wishes about organ donation:

  • I wish to donate only the following organs/tissues: ______________
  • I wish to donate any needed organs/tissues.
  • I do not wish to donate any organs/tissues.

Signature

By signing below, I indicate that I am mentally capable of making this living will, and I understand its contents. I have executed this document as my free and voluntary act.

Date: ___________________________

Signature: ________________________

Print Name: _______________________

Witness Declaration

This document must be signed in the presence of two witnesses, who must also sign below.

Witness 1 Signature: _______________________ Date: ________________

Print Name: _______________________________

Witness 2 Signature: _______________________ Date: ________________

Print Name: _______________________________

Document Properties

Fact Details
Definition A Missouri Living Will is a legal document that allows individuals to outline their preferences regarding medical treatment should they become unable to communicate or make decisions due to a terminal condition.
Governing Law The Missouri Living Will is governed by the Missouri Revised Statutes, Sections 459.010 to 459.055, also known as the Missouri Durable Power of Attorney for Health Care Act.
Witness Requirement In Missouri, a Living Will must be signed in the presence of two competent witnesses who are neither beneficiaries nor responsible for the individual's healthcare costs.
Revocation An individual can revoke their Missouri Living Will at any time, in any manner, without regard to their mental or physical condition. This revocation becomes effective once communicated to the attending physician.

How to Write Missouri Living Will

Completing a Missouri Living Will form is an important step in healthcare planning, allowing individuals to communicate their wishes regarding life-prolonging treatments should they become unable to make decisions for themselves. This document empowers individuals by ensuring their healthcare preferences are known and respected. While filling out a living will might seem daunting, following these simple steps can make the process clear and straightforward, enabling peace of mind for both the individual and their loved ones.

  1. Begin by gathering the necessary information, including full legal name, address, birth date, and social security number. This information ensures that the living will is accurately associated with the correct individual.
  2. Read through the entire form first to understand the types of decisions you'll need to make regarding life-sustaining treatments, such as artificial nutrition and hydration, mechanical ventilation, and other medical interventions.
  3. Decide on your preferences for life-sustaining treatments. Consider scenarios where you might be in a permanent coma, in a terminal condition, or in a vegetative state and whether you would want your life to be prolonged through medical interventions in these situations.
  4. Appoint a healthcare proxy or durable power of attorney for health care. This should be someone you trust to make healthcare decisions for you if you are unable to communicate your wishes. Provide their full name, relationship to you, and contact information.
  5. Document any specific instructions or conditions that might influence your decisions regarding life-sustaining treatment. This could include religious beliefs, fears, or the impact of potential treatments on your quality of life.
  6. Print your name, sign, and date the form in the designated area. This formalizes your living will, making it a legally binding document.
  7. Have the form witnessed or notarized, depending on state requirements. Missouri requires your signature to be either witnessed by two adults who are not related to you by blood or marriage and who do not stand to inherit from you, or notarized by a notary public.
  8. Inform your healthcare provider and family members of the existence of your living will and provide them with copies. This ensures that your healthcare wishes are known and can be easily accessed when needed.

After completing these steps, your Missouri Living Will form will be fully prepared, reflecting your wishes for healthcare under circumstances where you are unable to make decisions for yourself. Storing the document in a safe yet accessible place and informing close relatives or friends where it can be found will ensure that your preferences are respected. Additionally, consider reviewing and updating the document periodically, as your healthcare preferences may change over time.

What You Should Know About This Form

What is a Missouri Living Will?

A Missouri Living Will is a legal document that lets individuals express their wishes regarding medical treatment in the event they become incapacitated and unable to communicate. It ensures that medical personnel and family members are aware of your healthcare preferences, particularly about life-sustaining treatments.

Who should have a Missouri Living Will?

Anyone over the age of 18 should consider creating a Living Will. It's especially important for those with severe health conditions, but it's beneficial for anyone to have their preferences clearly documented in case of unexpected situations.

What kind of decisions can be made in a Missouri Living Will?

In a Missouri Living Will, individuals can make decisions concerning:

  • The use of life-sustaining treatments if you have a terminal condition.
  • The use of artificial nutrition and hydration.
  • Pain management, including the use of palliative care even if it hastens death.

How can you create a Missouri Living Will?

To create a Missouri Living Will, the following steps should be taken:

  1. Review Missouri-specific requirements for a Living Will.
  2. Complete the Missouri Living Will form, clearly stating your healthcare decisions.
  3. Have the document witnessed or notarized, as per Missouri law requirements.
  4. Inform your family and your healthcare providers about your Living Will and provide copies to them.

Does a Missouri Living Will need to be notarized or witnessed?

Yes, a Missouri Living Will must either be notarized or signed by two competent adults as witnesses. The witnesses should not be related to you by blood, marriage, or adoption, and cannot be beneficiaries of your estate, your healthcare providers, or financially responsible for your medical care.

Can you change or revoke a Missouri Living Will?

Yes, you have the right to change or revoke your Missouri Living Will at any time, as long as you are mentally competent. To do so, you can either create a new Living Will or provide a written statement expressing your intent to revoke it. It's important to communicate any changes to all who had received the previous version.

What happens if there is no Living Will?

If someone becomes incapacitated without a Living Will in Missouri, healthcare decisions will have to be made by appointed healthcare surrogates, legal guardians, or family members in accordance with state law. This might not always reflect the wishes of the incapacitated person, which is why having a Living Will is advantageous.

Where should you keep your Missouri Living Will?

Keep the original copy of your Missouri Living Will in a safe but accessible place. Provide copies to your healthcare agent (if you have one), primary doctor, and a trusted family member or friend. It's also wise to have a digital copy or let others know where to find the document in case it's needed urgently.

Common mistakes

When creating a Living Will, especially within Missouri, individuals aim to ensure their healthcare preferences are clearly documented in case they're unable to communicate their desires personally. This legal document is vital in helping families and healthcare providers make informed decisions according to your wishes. However, mistakes in filling out the Missouri Living Will form can lead to confusion or unintended outcomes. Here's an overview of common errors made during this process:

  1. Not adhering to state-specific requirements. Missouri has its own statutes governing Living Wills, so it’s essential to follow these specific guidelines rather than using a general template.

  2. Failing to be specific about medical treatments. General statements can create ambiguity. It's crucial to be clear about which treatments you want or don’t want.

  3. Omitting discussions with healthcare providers. Before completing the form, it’s advisable to talk with a healthcare provider to understand the implications of your decisions fully.

  4. Not updating the document. As situations and preferences change, so should your Living Will. An outdated document might not reflect your current wishes.

  5. Improperly signing or witnessing the document. Missouri law has specific requirements about how a Living Will must be signed and witnessed to be legally binding.

  6. Forgetting to distribute copies of the Living Will. You must ensure that your family members and healthcare providers have access to the document.

  7. Lack of legal advice. Understanding the legal intricacies of Living Wills is crucial, and seeking legal counsel can help avoid misunderstandings.

Engaging with the Missouri Living Will form with these mistakes in mind can help ensure that the document accurately and effectively communicates your healthcare wishes. Avoiding these errors not only brings peace of mind but also assures that your preferences are honored during critical times.

Documents used along the form

When individuals in Missouri decide to organize their end-of-life care preferences, the Living Will form is a critical document that provides instructions on the medical treatments they wish to receive or avoid if they become unable to communicate these decisions themselves. However, to create a comprehensive plan, a Living Will is often accompanied by additional legal documents. Each serves a unique purpose, ensuring that the individual's healthcare and personal wishes are respected and followed as closely as possible.

  • Durable Power of Attorney for Health Care: This document allows an individual to appoint someone they trust as their health care agent. This agent is authorized to make medical decisions on their behalf if they are unable to do so themselves, complementing the directives in the Living Will.
  • Health Insurance Portability and Accountability Act (HIPAA) Authorization Form: With this form, individuals can specify who has permission to access their private health information. It's vital for the appointed health care agent or any other person involved in the care decisions to have the legal right to discuss the individual's health status with medical providers.
  • Physician Orders for Life-Sustaining Treatment (POLST): This form is designed for seriously ill individuals. It goes beyond a traditional Living Will by converting the individual's end-of-life care preferences into physician orders that are to be followed by healthcare providers.
  • Last Will and Testament: Although it does not directly pertain to healthcare decisions, a Last Will and Testament is crucial for outlining how an individual's assets and property should be distributed upon their death. This ensures that their material wishes are respected along with their healthcare preferences.
  • Organ and Tissue Donation Form: Individuals who wish to donate their organs and tissues for transplantation can express their consent through this form. It's an important complement to a Living Will for those who want to leave behind a life-saving legacy.
  • Do Not Resuscitate (DNR) Order: A DNR order is a medical order that tells health care providers not to perform cardiopulmonary resuscitation (CPR) if the patient's breathing stops or if the patient's heart stops beating. It is intended for individuals who wish to avoid aggressive life-sustaining treatments.

These documents, when used together with a Missouri Living Will, form a robust framework that covers a wide array of healthcare and personal preferences. They ensure that individuals have a voice in their medical treatment, even when they can't speak for themselves, and that their final affairs are in order. Creating a comprehensive plan that includes these documents can provide peace of mind to the individual and their loved ones, knowing that their wishes are documented and legally enforceable.

Similar forms

The Missouri Living Will form is similar to other legal documents designed to express an individual's preferences concerning medical treatment under specific circumstances. These documents collectively ensure that an individual's healthcare wishes are known and respected in situations where they might not be able to communicate those wishes themselves. Among these documents are the Healthcare Power of Attorney, Do Not Resuscitate (DNR) Order, and POLST form (Physician Orders for Life-Sustaining Treatment), each of which serves a complementary role to the living will but differs in scope and application.

The Healthcare Power of Attorney is similar to the Missouri Living Will in that it addresses individuals' healthcare preferences when they are incapacitated. However, whereas the living will specifies wishes regarding life-sustaining treatments, the Healthcare Power of Attorney designates another individual, known as a healthcare proxy or agent, to make healthcare decisions on behalf of the person. This document is broader in scope because it empowers the agent to make a variety of healthcare decisions, not just those concerning life-sustaining treatment.

A Do Not Resuscitate (DNR) Order is another document related to the Missouri Living Will, but with a specific focus. A DNR order informs medical personnel that the individual does not want to be resuscitated if breathing stops or if the heart stops beating. Unlike the broader preferences outlined in a living will, a DNR is a medical order that applies strictly to resuscitation efforts. It is typically used by individuals with serious illnesses or those in the end stages of life.

The POLST form (Physician Orders for Life-Sustaining Treatment) is also related to the Missouri Living Will. Like a DNR, it is a medical order, but it covers a wider range of life-sustaining treatments beyond resuscitation, such as feeding tubes or antibiotics. The POLST form is intended for individuals with serious health conditions and specifies which medical treatments they want to receive or avoid. It complements a living will by translating an individual's end-of-life wishes into medical orders that are actionable in the moment by healthcare providers.

Dos and Don'ts

Creating a living will is a significant step in ensuring your medical wishes are honored. Particularly in Missouri, adhering to the specific requirements can help ensure your living will is legally recognized and effective. Let's explore the essential do's and don'ts when completing the Missouri Living Will form.

Do's:

  1. Read the instructions carefully before filling out the form. Understanding the scope and limitations of the document is crucial to ensuring your wishes are accurately reflected.
  2. Use clear and precise language. Ambiguities in a living will can lead to confusion and potentially hinder its execution according to your wishes. Specify your desires for life-sustaining treatment, such as artificial nutrition and hydration, with as much clarity as possible.
  3. Discuss your decisions with family and healthcare providers. Sharing the contents of your living will with loved ones and medical personnel ensures they understand your wishes, which can be invaluable in stressful situations where critical decisions need to be made.
  4. Have the form witnessed or notarized, according to Missouri state requirements. This step is crucial for the legal validity of your living will. Ensure witnesses are adults and not your healthcare provider or an employee of a healthcare facility where you are receiving care.
  5. Keep the living will in an accessible place, and inform your healthcare proxy, family, and significant others of its location. Accessibility is key in emergencies for your wishes to be followed promptly.

Don'ts:

  1. Avoid leaving sections of the form blank. If a section does not apply to you, it's better to write "Not Applicable" rather than leaving it empty. This prevents any misinterpretation that the document is incomplete.
  2. Do not use vague terms when detailing your medical care preferences. Vague terms can lead to different interpretations, which might result in medical actions that are contrary to your wishes.
  3. Refrain from making changes to the form without legal guidance. If you wish to amend any part of your living will, consult with an attorney specialized in healthcare law to ensure the changes are legally sound and appropriately documented.
  4. Don't rely solely on verbal instructions to your family and healthcare providers. While discussions are essential, the living will document must clearly outline your wishes to have a legal bearing.
  5. Avoid using unapproved forms or templates that may not meet Missouri's specific legal requirements. Utilizing the official Missouri Living Will form ensures compliance with state laws.

Misconceptions

When it comes to preparing for your future medical care, understanding the Missouri Living Will form is crucial. This document allows you to express your wishes regarding end-of-life care should you become unable to communicate them yourself. However, there are several misconceptions about the Missouri Living Will form that need clarification:

  • It covers all aspects of health care decisions: Many people mistakenly believe that a living will applies to all health care decisions. In reality, it specifically addresses end-of-life care, such as the use of life-sustaining treatments when you are in a terminal condition and unable to communicate your wishes.

  • You must have a lawyer to create one: While legal advice can be valuable, especially in complex situations, it is not a requirement to have a lawyer to create a Missouri Living Will. The form can be completed by any competent individual, as long as it is properly witnessed or notarized.

  • It's only for the elderly: There is a common misconception that living wills are only for the elderly. However, unexpected medical situations can occur at any age, and having a living will is a wise decision for adults of all ages, as it ensures your wishes are known and can be followed in critical situations.

  • It's the same as a healthcare power of attorney: Some people confuse living wills with healthcare powers of attorney. While both documents pertain to medical decisions, a living will outlines your wishes regarding life-sustaining treatment, whereas a healthcare power of attorney designates someone to make healthcare decisions on your behalf should you become unable to do so.

  • Once completed, it cannot be changed: Another misconception is that once a living will is signed, it cannot be altered. In truth, you can update or revoke your Missouri Living Will at any time, as long as you are mentally capable of making these decisions. This ensures that your current wishes are always accurately represented.

It's important to have accurate information and understand your rights when it comes to planning for your future medical care. Clearing up these misconceptions about the Missouri Living Will form can help you make informed decisions and ensure your wishes are respected.

Key takeaways

When it comes to making a Living Will in Missouri, understanding the key elements can make the process smoother and ensure your wishes are respected. Here are five important takeaways to keep in mind:

  • Eligibility Requirements: To fill out a Living Will in Missouri, you must be at least 18 years old or legally emancipated, and of sound mind. This ensures that you have the capacity to make informed decisions about your health care preferences.
  • Witnesses are Necessary: Your Living Will must be signed in the presence of two witnesses. These witnesses cannot be related to you by blood, marriage, or adoption. They also cannot be beneficiaries of your estate or financially responsible for your medical care. This is to prevent any potential conflicts of interest.
  • Notarization is Optional: While notarization is not a requirement for a Living Will in Missouri, it is recommended. Getting your document notarized can add an extra layer of validity, especially if it’s ever challenged in a legal setting.
  • Stating Your Medical Treatment Preferences: The Living Will form allows you to specify your preferences concerning life-prolonging treatments. You can choose to decline treatment that only prolongs the process of dying, or you can request all available treatments to extend your life, regardless of your condition.
  • Revocation is Your Right: You have the right to revoke your Living Will at any time, as long as you are of sound mind. Revocation can be done in any manner that communicates your intent to revoke, whether it’s oral, written, or by destruction of the document. Informing your healthcare provider of the revocation is crucial to ensure your current wishes are followed.

Creating a Living Will is a responsible step in planning for the future. It’s important to carefully consider and communicate your health care preferences. Remember, you can update your document as your wishes or circumstances change. Consult with a legal professional if you have specific questions or need advice tailored to your situation.

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