Living wills in Lake St. Louis allow you to give specific instructions regarding your medical care in the event you are incapacitated with no expectation of recovery. The document can give you control over matters such as whether they should remain on life support.

You must adhere to certain state laws when creating the document to ensure the healthcare directive is legally valid. A knowledgeable wills attorney could help you ensure your living will meets all the state requirements.

Living Wills Provide Directions for Medical Treatment

Mentally competent adults have a constitutional right to partially or fully reject medical care, and although state law does not explicitly use the term living will, people can make a written declaration that provides directions to withhold or remove medical procedures or devices when they are incapacitated and unable to communicate their decision for themselves.

The statute requires the healthcare directive is dated, in writing, and signed by the declarant in the presence of two competent adult witnesses when the directive is not in the declarant’s handwriting. Individuals who stand to inherit the declarant’s property are allowed to serve as witnesses.

Once the document is signed, the declarant should give their physician a copy of the healthcare directive and request that the document be kept in their medical records. A lawyer in Lake St. Louis who handles living wills could ensure the directive follows all state requirements.

Living Will Versus Power of Attorney

A living will or healthcare directive is different from a power of attorney, in which an individual gives a trusted person general authority to make financial and other important life decisions on their behalf.

Living wills and healthcare directives are only triggered in situations where the adult is incapacitated and unable to communicate, but a power of attorney grants the trusted party a general authority to act on someone’s behalf.

When situations arise where an individual has granted power of attorney and signed a living will, the representative granted authority under the power of attorney is obligated to follow the directions in the living will. A lawyer in Lake St. Louis could help a client create a living will as well as name their power of attorney.

Common Issues With Living Wills

Several issues can arise with living wills or healthcare directives, such as when a physician refuses to follow the declarant’s instructions. Missouri Revised Statutes § 459.030 requires a physician to transfer a patient to another doctor’s care when they do not wish to comply with the directive.

State laws also provide guidance for situations when a declarant wishes to modify their healthcare directive. A declarant can revoke the living will in any manner, provided they clearly indicate their intent to revoke, under Mo. Rev. Stat. § 459.020.

The declarant’s mental or physical condition is not considered when analyzing their intent to revoke their living will. When the declarant expresses their intent to revoke, the medical care provider must make this revocation part of the patient’s medical records.

State laws also address specific scenarios, such as when an individual with a living will is pregnant. Mo. Rev. Stat. § 459.025 provides that a declaration to remove or withhold medical care is not effective when an individual is pregnant.

Contact an Attorney in Lake St. Louis Today for Help With Living Wills

You should consult with an attorney immediately when you have questions about living wills in Lake St. Louis. Our lawyers can provide guidance to help ensure there are no misunderstandings about the instructions in your healthcare directive.

A living will can help avoid conflicts among family members when your loved ones disagree about the nature of your care when you cannot make your own medical decisions. Call our firm today and set up a consultation.