Living Wills in O'Fallon

A living will is a legal document directing your powers of attorney should you become terminally ill or incapacitated. If there comes a time that you cannot make important decisions about your healthcare and other medical decisions, your living will provide directives.

In Missouri, any person over the age of 18 with a sound mind has the legal right to make a Last Will and Testament or a living will. An experienced attorney can help you secure your future with this estate planning document. Schedule a meeting with a lawyer to discuss living wills in O’Fallon.

Living Will Legal Requirements in O’Fallon

With careful planning and preparation, anyone can create living wills and other estate planning documents to establish their wishes for the future. There are just basic rules for creating a living will in O’Fallon, and those include the following:

• A living will have to be in writing and dated by the will-maker
• The person drafting and signing the living will be legally competent, meaning they must be at least 18 years old and of sound mind
• The will-maker must sign the living will in the presence of two witnesses, and the two people acting as witnesses must sign the will in the presence of the others
• If a person becomes incapacitated while they are pregnant, the living will has no power
• The living will only take effect when the will-maker becomes incapacitated or terminally ill

An attorney experienced in drafting living wills and other advance directives in O’Fallon could help create the legal documents necessary for the individual’s unique situation.

Declarations and Advance Health Care Directives

It is essential to keep your living will and other advance directives in an accessible place. According to the Missouri Revised Statute § 194.290, the living will must also include organ donor directives, do-not-resuscitate orders, and other essential instructions should the circumstances require the information. Living wills may also include medical care power of attorney and any other healthcare decisions that could be needed if a person is incapacitated.

The Durable Power of Attorney

A durable power of attorney is an estate planning legal document that appoints someone to step in and make urgent and essential medical care decisions should a person be unable to make them due to illness or incapacitation. They can instruct doctors on the living will-maker’s behalf and ensure they fulfill the individual’s desires.

Revoking a Living Will

A living will-maker can revoke or cancel the will and other advance directives if they choose to do so. They just need to destroy the will and add verbiage to the updated legal document that they plan to replace the outdated version at a later date. An O’Fallon lawyer could answer specific questions about living wills after reviewing the case specifics.

Speak With a Knowledgeable Attorney About O’Fallon Living Wills

A living will is an essential end-of-life planning legal document that states your final wishes should you become terminally ill or incapacitated and lose the ability to communicate. Living wills in O’Fallon are helpful tools for all estate planners, particularly those with memory loss and other degenerative diseases such as Alzheimer’s or dementia.

While preparing for the end of life is not easy, it is a vital part of a thorough estate plan. Call a supportive attorney to discuss your plan and wishes for the future.