Living Wills and Advance Directives
An advance directive is a legal document providing official instructions regarding your health care needs in the future. One example of this is a medical power of attorney, which allows you to pick an agent to make your medical decisions. Another example is a living will, which gives you a chance to make these decisions on your own. Either way, these documents are a key part of planning for your future through your estate plan.
Here at Boehmer Law, we have a track record of success stretching back more than two decades. We work hard for every client who walks in the door, and we pride ourselves on our knowledge, skill and integrity. We are award-winning attorneys who give you the legal representation you need. When you’re making a complex estate plan and working to put your family first, give us a call.
Making Your Treatment Options Known
The main benefit of a living will is that you can tell the future medical team what decisions you would make if you were able to do so. For instance, maybe you do not want to be kept on life-support if you suffer a heart attack or a stroke. You would not be able to discuss this with your medical team at the time, as you may be incapacitated, but the living will provide instructions. It gives you a chance to address any concerns and to specify the treatments you want – or do not want – in the medical center.
What Are The Requirements For A Living Will In St. Charles, Missouri?
Under Missouri law, the person drafting the living will must do so in writing, and they must have the mental capacity to make legal decisions. The document has to be properly signed and dated, and living wills that are not handwritten need to be witnessed by two adults. The living will doesn’t take effect right away but only through incapacitation.
Frequently Asked Questions About Living Wills And Advance Directives In St. Charles
Our St. Charles estate planning attorneys answer common questions about living wills and advance directives in Missouri.
What is the difference between a living will and an advance directive in Missouri?
An advance directive is a broad category of legal documents that includes living wills as one specific type. In Missouri, advance directives encompass any written instructions regarding future health care decisions when you cannot communicate your wishes. A living will is one form of advance directive that specifically addresses end-of-life medical treatment preferences, such as whether you want life-sustaining measures like artificial nutrition, hydration or mechanical ventilation.
Other types of advance directives include durable power of attorney for health care, which designates someone to make medical decisions on your behalf, and do-not-resuscitate orders. While a living will provides your own instructions about specific treatments, a health care power of attorney empowers a trusted agent to make broader medical decisions.
How can I change or revoke my living will or advance directive in Missouri?
Missouri law allows you to modify or cancel your living will or advance directive at any time as long as you possess mental capacity. You can revoke these documents by creating a new written statement expressing your intent to revoke, physically destroying the original document, verbally stating your intention to revoke in the presence of witnesses or executing a new advance directive that supersedes the previous version.
It is important to notify your health care providers, designated agents and family members when you revoke or modify advance directives so outdated documents are not mistakenly followed. We recommend working with an experienced attorney when making changes to maintain proper documentation and distribution of updated instructions.
What limitations exist for living wills under Missouri law?
Missouri living wills only become effective when you are diagnosed with a terminal condition or permanent unconsciousness and cannot communicate your wishes. They do not apply to routine medical decisions or temporary incapacitation from which recovery is expected. Living wills cannot authorize euthanasia or mercy killing, as Missouri law prohibits these actions regardless of advance directives.
Pregnant women face additional restrictions, as Missouri law may limit enforcement of living will provisions during pregnancy depending on fetal viability. Health care providers may decline to follow living will instructions that conflict with their religious or moral beliefs, though they must facilitate transfer of care to willing providers.
Working With An Experienced Legal Team
This process can be very complicated, but it’s crucial to make these health care decisions to take stress off of your family and to ensure that you get the type of care you desire. Our lawyers have been through this process before, and we are glad to answer questions and provide legal guidance every step of the way. Just get in touch with us via email or call 636-549-8300 today to set up an initial consultation.