An Advance Directive: Protecting Your Assets and Family

Categories: Advance Directive, Missouri Advance Directive Laws

Imagine this scenario: a beloved family member suddenly faces a life-threatening medical emergency and cannot make decisions for themselves. The stress and anxiety of the situation are compounded by the lack of direction and guidance on what their loved one would have wanted. This is a situation that no one wants to face, but it is essential to be prepared. This is where an Advance Directive comes in.

An Advance Directive is a legal document that specifies how an individual wants their medical care to be managed if they become incapacitated. In Missouri, the laws surrounding Advance Directives are outlined in the Missouri Health Care Advance Directives Act. This act allows individuals to make their wishes known regarding life-sustaining treatment and other medical decisions.

It is crucial to consider the following when creating an Advance Directive:

Creating an Advance Directive is a straightforward process, but it is essential to ensure that it is done correctly to ensure that your wishes are honored. Here is a step-by-step process for creating an Advance Directive in Missouri:

  1. Determine what type of Advance Directive is best for you. Missouri has two main types of Advance Directives: a Living Will and a Durable Power of Attorney for Health Care.
  2. Choose your healthcare agent. This person will make medical decisions on your behalf if you cannot do so.
  3. Fill out the Advance Directive form. This form can be obtained from a healthcare provider, attorney, or online.
  4. Sign the form in front of witnesses. In Missouri, the form must be signed in front of two witnesses who are unrelated to you and do not have a financial interest in your estate.
  5. Store the form in a safe place. Ensure that your healthcare provider and healthcare agent have copies of the document.

According to the Missouri Department of Health and Senior Services, only 44% of Missourians have an Advance Directive. This highlights the importance of taking action soon to protect yourself and your family. Choosing an experienced Fenton advance lawyer can provide the guidance and support you need to ensure that your Advance Directive is appropriately written and legally binding.

In conclusion, an Advance Directive is an essential tool that allows individuals to ensure that their medical wishes are honored in the event that they become incapacitated. By taking the time to create an Advance Directive, individuals can protect their assets, ensure that their family is taken care of, and give themselves peace of mind. Take action today and protect your future with an adequately written Advance Directive.


Frequently Asked Questions

Q: What is an Advance Directive?

A: An Advance Directive is a legal document that specifies how an individual wants their medical care to be managed if they become incapacitated. It allows individuals to make their wishes known regarding life-sustaining treatment and other medical decisions.


Q: Who can create an Advance Directive?
A: Anyone over 18 years old and of sound mind can create an Advance Directive.


Q: What is a healthcare agent?
A: A healthcare agent is someone an individual appoints to make medical decisions on their behalf if they cannot do so.


Q: What are the different types of Advance Directives?
A: There are two main types of Advance Directives:

  1. Living Will: A Living Will is a written document specifying an individual’s wishes regarding life-sustaining treatment if they cannot make medical decisions for themselves. It typically outlines the types of medical treatments the individual would or would not like to receive in the event of a terminal illness or injury.
  2. Durable Power of Attorney for Health Care: A Durable Power of Attorney for Health Care is a legal document that appoints a trusted individual, known as a healthcare agent, to make medical decisions on behalf of the individual if they cannot do so. This type of Advance Directive gives the healthcare agent the power to make decisions about treatment, care, and other medical issues.

Both types of Advance Directives are essential for individuals to ensure that their medical wishes are honored if they become incapacitated. It is necessary to consult with an experienced attorney to determine which type of Advance Directive is best for your specific situation.


Q: Is an Advance Directive legally binding?
A: An Advance Directive is a legally binding document in most states. This means that healthcare providers must follow the instructions outlined in the Advance Directive and make medical decisions by the individual’s wishes. For an Advance Directive to be legally binding, it must be executed appropriately and meet the requirements of the state in which it was created.

It is important to note that the legal enforceability of an Advance Directive can vary depending on the state, so it is recommended to consult with an experienced attorney to ensure that the Advance Directive meets all the requirements and is appropriately written. This will help ensure that your medical wishes are honored and that your family is protected.


Q: What happens if I don’t have an Advance Directive?
A: If an individual does not have an Advance Directive, their medical decisions will typically be made by a family member or a court-appointed guardian. In some cases, the decisions may be made by healthcare providers or the state based on their interpretation of what is in the individual’s best interest.

Without an Advance Directive, an individual’s medical wishes may not be honored, and their family may not be protected. The lack of a clear and legally binding directive can lead to confusion and disagreement among family members and healthcare providers, causing unnecessary stress and heartache for everyone involved.

In the worst-case scenario, if an individual cannot make medical decisions for themselves and has not expressed their wishes in an Advance Directive, they may be subjected to medical treatments they would not have wanted or may be kept alive through life-sustaining treatments that only prolong their suffering.

Therefore, it is essential to create an Advance Directive to ensure that your medical wishes are honored, and your family is protected if you cannot make medical decisions for yourself.


Q: What should I consider when creating an Advance Directive?
A: When creating an Advance Directive, individuals should consider their current health status, wishes regarding life-sustaining treatment, which they would like to appoint as their healthcare agent, religious and ethical beliefs, and desires regarding organ donation.


Q: How do I create an Advance Directive?
A: The process for creating an Advance Directive varies by state but generally involves the following steps:

  1. Determine your wishes: Consider your current health status, wishes regarding life-sustaining treatment, religious and ethical beliefs, and desires regarding organ donation.
  2. Choose a healthcare agent: This person will make medical decisions on your behalf if you cannot do so. Choose someone you trust who is familiar with your wishes and values.
  3. Fill out the Advance Directive form: The form can typically be obtained from a hospital, healthcare provider, or attorney. Some states have specific Advance Directive forms, while others allow individuals to create their documents.
  4. Sign the form: The Advance Directive must be signed in front of witnesses and notarized in most states.
  5. Store the Advance Directive in a safe place: Keep a copy of the Advance Directive in an easily accessible location, such as a safety deposit box, and provide copies to your healthcare agent, healthcare provider, and loved ones.

It is essential to consult with an experienced attorney to ensure that the Advance Directive is appropriately written and meets all legal requirements in your state. An attorney can also help you understand the legal implications of the decisions you make in your Advance Directive and ensure that it is properly executed.