Key Takeaways
- A Medical Power of Attorney is formally known as a Durable Power of Attorney for Health Care.
- You must be 18 and of sound mind to create a valid Medical Power of Attorney in Missouri.
- You must notarize the document or sign it before two witnesses to make it legal.
- You may revoke a Medical Power of Attorney at any time, orally or in writing.
A Medical Power of Attorney protects your medical wishes when you cannot communicate with your doctors. Your attorney-in-fact takes over such communication and ensures you get the best medical care that is in line with your values, beliefs, and preferences.
Get Your Medical Power of Attorney
What is a Missouri Medical Power of Attorney?
A Medical Power of Attorney (MPOA) is known officially as a Durable Power of Attorney for Health Care in Missouri.
It is a document you use to empower a trusted friend or family member to make decisions when you cannot do so due to illness or incapacity. Many people choose a spouse, adult child, or sibling to be their representative.
The person you designate is known as an attorney-in-fact or agent. Missouri doctors are expected to honor a duly-signed, valid Medical Power of Attorney.
The state and the Missouri Bar provide a Missouri durable power of attorney form that lets you appoint an agent, create a living will/advance directive, and outline general provisions. You must complete the first and last sections to appoint a healthcare decision-maker.
You may also use a professional Medical Power of Attorney template to personalize your document. The form meets the state's requirements while allowing you to customize it to your specific needs.
Missouri Durable Power of Attorney for Health Care Legal Requirements
Missouri law is clear about what makes your Medical Power of Attorney legal. The primary statute governing this process is Missouri's Durable Power of Attorney for Health Care Act - RSMo Chapter 404, Sections 404.800-404.865.
According to these laws, the document must fulfill the following requirements.
- You (the principal) must be 18 years or older to be eligible to create an MPOA.
- Your attorney-in-fact must be a competent adult.
- You may not designate your doctor, their employee, or employees of the healthcare facility where you receive care as attorney-in-fact unless they are related to you.
- The document must be notarized or witnessed by two qualified adults.
- The witnesses must be impartial and cannot be related to you by blood, adoption, or marriage.
- The agent cannot be a witness.
Missouri limits healthcare agents' authority, but you can limit them further or give additional powers if you wish. The state places the following limitations on the agent's authority.
- The agent generally cannot delegate their role to another person. But you can authorize them to do so if you specify in your MPOA. (RSMo 404.865)
- A Missouri healthcare agent can authorize withdrawal or withholding of artificial nutrition and hydration (tube-feeding), but you must grant them those powers in your MPOA.
- The attorney-in-fact's decisions must be based on your diagnosis, prognosis, and the pros and cons of the treatment options. (RSMo 404.822)
- An attorney in fact's powers and duties start upon certification of incapacitation by a physician or two, as per your directions.
- The agent cannot make medical decisions in breach of your religious or sincere moral convictions.
Remember that the Medical Power of Attorney has different requirements than financial or real estate POAs, which may require mandatory notarization or filing in Missouri.
Get Your Medical Power of Attorney
How to Revoke a Medical Power of Attorney in Missouri
You can revoke a Medical Power of Attorney at any time by communicating your intention to the agent. Use a revocation of power of attorney form if you want to keep a record of the revocation. The doctor or healthcare worker you inform should immediately add the revocation communication to your healthcare records. (MO Rev Stat § 404.850)
If a spouse serves as the agent, their role ends when either party files for divorce. You can appoint an alternate attorney-in-fact to take over in such cases.
Do you need a lawyer to get a medical power of attorney in Missouri?
You don't need a lawyer to get a medical power of attorney in Missouri. But it's recommended toconsult one if you need to clarify matters or if you are dealing with a sensitive health situation.
Key Takeaways
- A Medical Power of Attorney is formally known as a Durable Power of Attorney for Health Care.
- You must be 18 and of sound mind to create a valid Medical Power of Attorney in Missouri.
- You must notarize the document or sign it before two witnesses to make it legal.
- You may revoke a Medical Power of Attorney at any time, orally or in writing.
A Medical Power of Attorney protects your medical wishes when you cannot communicate with your doctors. Your attorney-in-fact takes over such communication and ensures you get the best medical care that is in line with your values, beliefs, and preferences.
Get Your Medical Power of Attorney
What is a Missouri Medical Power of Attorney?
A Medical Power of Attorney (MPOA) is known officially as a Durable Power of Attorney for Health Care in Missouri.
It is a document you use to empower a trusted friend or family member to make decisions when you cannot do so due to illness or incapacity. Many people choose a spouse, adult child, or sibling to be their representative.
The person you designate is known as an attorney-in-fact or agent. Missouri doctors are expected to honor a duly-signed, valid Medical Power of Attorney.
The state and the Missouri Bar provide a Missouri durable power of attorney form that lets you appoint an agent, create a living will/advance directive, and outline general provisions. You must complete the first and last sections to appoint a healthcare decision-maker.
You may also use a professional Medical Power of Attorney template to personalize your document. The form meets the state's requirements while allowing you to customize it to your specific needs.
Missouri Durable Power of Attorney for Health Care Legal Requirements
Missouri law is clear about what makes your Medical Power of Attorney legal. The primary statute governing this process is Missouri's Durable Power of Attorney for Health Care Act - RSMo Chapter 404, Sections 404.800-404.865.
According to these laws, the document must fulfill the following requirements.
- You (the principal) must be 18 years or older to be eligible to create an MPOA.
- Your attorney-in-fact must be a competent adult.
- You may not designate your doctor, their employee, or employees of the healthcare facility where you receive care as attorney-in-fact unless they are related to you.
- The document must be notarized or witnessed by two qualified adults.
- The witnesses must be impartial and cannot be related to you by blood, adoption, or marriage.
- The agent cannot be a witness.
Missouri limits healthcare agents' authority, but you can limit them further or give additional powers if you wish. The state places the following limitations on the agent's authority.
- The agent generally cannot delegate their role to another person. But you can authorize them to do so if you specify in your MPOA. (RSMo 404.865)
- A Missouri healthcare agent can authorize withdrawal or withholding of artificial nutrition and hydration (tube-feeding), but you must grant them those powers in your MPOA.
- The attorney-in-fact's decisions must be based on your diagnosis, prognosis, and the pros and cons of the treatment options. (RSMo 404.822)
- An attorney in fact's powers and duties start upon certification of incapacitation by a physician or two, as per your directions.
- The agent cannot make medical decisions in breach of your religious or sincere moral convictions.
Remember that the Medical Power of Attorney has different requirements than financial or real estate POAs, which may require mandatory notarization or filing in Missouri.
Get Your Medical Power of Attorney
How to Revoke a Medical Power of Attorney in Missouri
You can revoke a Medical Power of Attorney at any time by communicating your intention to the agent. Use a revocation of power of attorney form if you want to keep a record of the revocation. The doctor or healthcare worker you inform should immediately add the revocation communication to your healthcare records. (MO Rev Stat § 404.850)
If a spouse serves as the agent, their role ends when either party files for divorce. You can appoint an alternate attorney-in-fact to take over in such cases.
Do you need a lawyer to get a medical power of attorney in Missouri?
You don't need a lawyer to get a medical power of attorney in Missouri. But it's recommended toconsult one if you need to clarify matters or if you are dealing with a sensitive health situation.
Most Popular Posts
Some states require a motor vehicle bill of sale form; others do not. Even if only for your personal records, anyone who buys or sells a vehicle needs
If you plan to travel with a minor, whether or not you are their parent, you can minimize inconveniences by carrying a few necessary documents...