The current law in Missouri and the rest of the United States, make it quite clear that it is so very important to have executed a Health Care Power of Attorney.

Since the Cruzan case in the 1980s, we have gone through a significant evolution in the health care decision making process in this country.  As the result of increased longevity, medical advancements, court decisions, and new laws, our current landscape for personal and medical decision making on behalf of an incapacitated person works nothing today like it did just 20 to 25 years ago.  While in some cases and areas this evolution has been gradual, it is still clear that now looking back 25 years that change has been dramatic!

Currently, the document of preference in most States is the Health Care Power of Attorney.  Under this document you designate an Agent (or Agents) and back-ups, that will be empowered to make health care decisions on your behalf, when it is agreed by your attending physician and Agent (or two licensed physicians) that you are unable to make or communicate the health care decision.  These documents can address issues of life support, artificial nutrition and hydration, organ donation, and even the issue of who has the authority to direct the disposal of your remains.  But, for the most part, you should not expect the document to make the decision, rather to designate the person that has the legal authority to make the decision on your behalf.

Planning in this area amplifies the importance of each step in the estate planning process.  What are your wishes?  Who is best suited to handle this responsibility?  Have you executed a legal document that gives your Agent the authority to decide the matters you want them to address?  Have you communicated your decisions and desires to all affected family members and loved ones?

Missouri has recently added the ability to address issues including organ donation and cremation with your Health Care Power of Attorney document. 

To learn more call 816.415.9455 today to schedule a free consultation!   

Note: We DO NOT provide free reviews to persons seeking a review of unexecuted documents downloaded from the internet!  We DO NOT offer free legal advice.  We DO NOT respond to calls or e.mails to our office from those seeking free legal advice.  We DO offer a free initial consultation to those persons that are serious about establishing a proper estate plan or updating an existing estate plan.