Missouri Advance Directive Form [PDF]

An advance directive is a vital legal document that individuals use as part of their advance care planning. This document guarantees that the individual’s (principal’s) medical treatment preferences will be honored when specific conditions arise, even if they cannot communicate them themselves.

Typically, an advance directive form includes a living will, which outlines preferences for withholding or withdrawing death-prolonging procedures, and a durable power of attorney for health care (medical power of attorney), designating an agent to make medical decisions on the individual's behalf.

Signing Requirements for Missouri Advance Health Care Directive

As stated in Section 459.015 of the Missouri Revisor of Statutes, the signing requirements for an advance directive are as follows:

Additionally, it is the responsibility of the declarant to notify their attending physician of the existence of the directive.

Missouri Advance Health Care Directive Revocation & Changing

The Missouri advance directive becomes effective when an attending physician determines that the declarant is unable to make decisions or communicate their wishes regarding their medical care due to terminal conditions, such as illness or injury.

According to Section 459.020, a declarant may revoke their advance directive for health care at any time, regardless of their mental or physical condition. The revocation can be communicated in any manner as long as it clearly reflects the declarant’s intent to revoke the document.

Upon receiving the revocation notice, the attending physician or health care provider must ensure the revocation is documented and made a part of the declarant’s medical record.

Additional Legal Considerations for Missouri Advance Health Care Directive

As stated in Section 459.030, if a doctor is unwilling to follow the patient’s health care advance directive, they must take reasonable steps to transfer the patient to another doctor who will comply with the directive. Similarly, a health care facility must also take steps to transfer the patient if its policies prevent compliance with the advance directive.

Section 459.035 specifies that people are presumed to be mentally competent when they create an advance directive form unless it’s proven otherwise. Having an advance directive form does not mean the person is mentally incapacitated.

According to Section 459.050, creating an advance directive does not affect the sale, purchase, or validity of life insurance policies. Additionally, no one can force or pressure someone to sign an advance directive as a condition for receiving services, benefits, or entering into a contract.

How to Choose a Health Care Agent in Missouri?

Choosing a Missouri advance health care proxy involves finding someone trustworthy who has a clear understanding of your values, beliefs, and medical treatment preferences. An agent must be at least 18 years old and available and willing to take on the responsibilities of acting as your agent.

Most commonly, agents are family members, close friends, or attorneys.  Moreover, doctors or other health care providers cannot be your health care agent if they are directly involved in your medical care.

What Happens if You Don’t Have an Advance Directive in Missouri?

Without an advance directive in Missouri, individuals with preferences about medical interventions leave their health care decisions in the hands of their loved ones. In this situation, family members or friends who are not aware of or may not fully understand your wishes will be responsible for making critical decisions on your behalf.

They will generally rely on their interpretation of what they think is best for you, often influenced by the medical advice of doctors, which can lead to confusion, stress, and potential disagreements among family members during an already difficult time.