In today’s fast-paced and uncertain healthcare environment, ensuring your medical treatment preferences are respected is more important than ever. Yet, many adults haven’t formalized their healthcare wishes. In Missouri, creating an advance directive is a critical step in securing control over your healthcare decisions, particularly when unforeseen medical situations leave you unable to communicate your preferences.
At The Fitzgerald Firm, we help our St. Louis create comprehensive estate plans that include crafting advance directives that reflect their unique needs and values.
Understanding Advance Directives
Advance directives are legally binding documents that outline your preferences for medical care in situations where you cannot make decisions yourself. They empower you to ensure that your treatment aligns with your wishes, values, and beliefs, even in critical or end-of-life scenarios. Read more in our article, Four Frightening Estate Planning Mistakes to Avoid in St. Louis
Types of Advance Directives in Missouri
The state of Missouri recognizes the following types of advance directives:
- Living Will (Health-Care Directive):
- Specifies your preferences regarding life-prolonging treatments, such as mechanical ventilation, artificial nutrition, or hydration.
- Used in cases where you cannot express your wishes due to serious illness or incapacity.
- Governed by Missouri statutes (Sections 459.010–459.055, RSMo).
- Durable Power of Attorney for Healthcare (DPOA):
- Allows you to appoint a trusted individual, known as your healthcare agent or proxy, to make medical decisions on your behalf.
- This document can include specific instructions about treatments you want or wish to avoid.
- Governed by Missouri statutes (Sections 404.800–404.865, RSMo).
- HIPAA (Health Insurance Portability and Accountability Act) Privacy Authorization Form:
- A HIPAA waiver allows you to grant access to designated agents to your medical records.
- This document is state-specific and it “waives” the requirement for a patient authorization to access their medical information in certain situations.
By combining these tools created with an experienced St. Louis estate planning attorney like Amber Fitzgerald, you can ensure comprehensive coverage for various medical scenarios, offering clarity to your healthcare providers and loved ones.
Why Advance Directives Matter for St. Louis Residents
Advance directives provide more than peace of mind—they play an essential role in ensuring your healthcare reflects your values. Key benefits include:
- Empowering Your Autonomy: Protect your right to make decisions about your medical care, even when you cannot communicate.
- Reducing Family Stress: Remove the burden of guessing your wishes from loved ones during emotionally challenging times.
- Ensuring Legal Clarity: Minimize disputes or confusion among family members and medical staff by providing clear, legally enforceable instructions.
- Avoiding Unnecessary Treatments: Prevent procedures or interventions that conflict with your personal beliefs or preferences.
Steps to Create an Advance Directive in Missouri
- Reflect on Your Wishes: Consider your values and priorities regarding medical care, including end-of-life decisions.
- Choose a Healthcare Proxy: Select someone you trust to act in your best interests as your durable power of attorney for healthcare.
- Draft Your Documents: While Missouri offers standard forms, working with an experienced St. Louis estate planning attorney ensures your advance directive is legally sound and tailored to your needs.
- Communicate Your Wishes: Share your decisions with your family, healthcare proxy, and medical providers to ensure they understand your preferences.
- Keep Your Directive Accessible: Store your advance directive in a safe but accessible location, and provide copies to your proxy, attorney, and doctor.
Missouri-Specific Considerations for Advance Directives
In Missouri, your advance directive must meet specific legal requirements to be valid:
- The document must be signed, dated, and witnessed by two individuals who are not related to you or financially responsible for your care.
- Missouri does not require notarization but recommends it for added security.
- You can revoke or amend your advance directive at any time, as long as you are of sound mind.
Take Control of Your Healthcare Decisions with The Fitzgerald Firm
Advance directives are an essential part of a comprehensive estate plan, offering you control over critical healthcare decisions while reducing uncertainty for your loved ones. At The Fitzgerald Firm, we make the process straightforward and compassionate, ensuring your advance directive aligns with Missouri law and reflects your personal wishes.
Your healthcare. Your decisions. Your peace of mind. We’re here to help St. Louis residents take the first step toward peace of mind. Book a call with The Fitzgerald Firm in St. Louis and let us help you take control with confidence by creating a personalized advance directive that safeguards your healthcare wishes.
Key Takeaways
- Advance Directives Are for All St. Louis Adults: Regardless of your current health status, advance directives are crucial to healthcare planning, ensuring your wishes are known and respected.
- Clear Communication Is Key: Discuss your healthcare values and wishes with your loved ones and healthcare proxy to ensure they understand your preferences.
- Review and Update Regularly: Life changes, such as marriage, the birth of a child, or a new diagnosis, may necessitate updates to your advance directives.
- Professional Guidance Can Help: While templates are available, consulting with a healthcare attorney can ensure your documents accurately reflect your wishes and are legally sound.
References: Forbes Advisor (Feb. 13, 2024) “Advance Directives: What You Need To Know” and Missouri Department of Mental Health (July 2020) “Advance Directive: It’s Your Right to Decide”