No one wants to think about their own death or dying, but it's a reality. An accident can happen any day. You could be diagnosed with a terminal illness. If you do not have a plan established on end-of-life care or medical treatment preferences for when you are incapacitated and cannot speak for yourself, decisions will have to be made by family members. That can be a source of in-fighting and guilt. You don't want that. It's better to put one in place when you have mental capacity.
At Your Estate Ally®, Sheri Tucker is an estate planning attorney who takes the time to go over these sensitive matters with you and helps you create a healthcare directive that mirrors your values and beliefs. Contact us at or online schedule a Complimentary 30 minute consultation to learn more. In the meantime, below is a guide to health care directives that address common issues and questions that many of clients ask.
What Can Health Care Directives Do in Missouri?
A living will, also known as an advance health care directive, is a set of medical instructions for what to do when someone is unable to make important medical decisions on their own. It's important to set your instructions out in writing while you have mental capacity. Each state has its own respective forms related to health care directives, though many common components are present throughout each state.
The underlying function of an advance directive is to make a patient's healthcare wishes known before the medical issues arise. Some examples of healthcare directives include:
- Living wills for medical treatments
- Do-not-resuscitate (DNR) orders
- Do-not-intubate (DNI) instructions
- Organ donor registration
- Designation of a healthcare proxy, or someone else to make medical decisions on the patient's behalf
- Designation of a medical power of attorney
In sum, healthcare directives do a lot for such a small part of an estate plan–they save your family the emotional pain of making healthcare decisions for you when you no longer can, and they secure your medical treatment preferences so that care you do not want is not provided while care you want is provided.
Creating Your Living Will in Missouri
In Missouri your living will is called an Advance Health Care Directive. Different states have very different rules regarding how health care directives are created and what goes in them. Some states require health care directives to be fairly particular and specific while others allow them to be quite vague and wide-reaching––though regardless of where you are, the more specific you are, the less confusion there will be. You can talk to your doctor about what you might want to go into the health care directive, and you can speak to an attorney to make sure you complete the right forms. In any event, upon creating a healthcare directive, you want to :
- Keep the originals in a safe, accessible place.
- Provide a copy to your doctor, health care agent, attorney, and/or loved ones.
- Be sure to log who has a copy of the directive so in case one is lost, you have a backup.
- Talk to family members about the decisions you made in the advance directive. It's good to establish boundaries and an understanding of your preferences.
- Keep with you (in your purse or wallet) and a condensed version of the directive with a note where a copy may be found––this is important for unexpected emergencies.
Religious Preferences in Living Wills
Often Clients walk in with a form downloaded from the Internet or from Missouri Bar. An online form is a start, but it does not reflect personal choices. The online form is good in a pinch when there is nothing else, but not as complete as you may want it. There are different Advance Health Care Directives that reflect religious beliefs or meet different needs. For example, Orthodox Jewish clients prefer a Halachic Will that reflects their spiritual beliefs and Rabbinical approval. Catholics may want the Catholic Living Will approved by the United States Conference of Catholic Bishops. Still Buddhists may prefer their end of life decisions in a Dharma Will. Seniors may want to include language that addresses Voluntary Eating and Drinking (VSED). Advance Health Care Directives can meet state law and your religious beliefs.
Changing Advance Directives in Missouri
Every few years, you should review your advance directives and make changes accordingly. This is true for all your estate plan documents. There are two events that particularly prompt a need for an update:
- A new diagnosis, a terminal illness or disease that will alter your way of life; and
- Marriage or divorce, i.e., you may want to change who you appoint as your healthcare proxy or agent.
Your Living Will is Part of Estate Planning
Creating a health care directive is not something that people like to think about––most people do not want to plan for serious medical problems. However, even young and healthy people stand to benefit from having a health care directive in place. Who needs one? Every adult 18 years and older.
Like an insurance policy, a healthcare directive helps them in a time of need, foreseeable or not. It also drastically reduces confusion at a moment when quick decisions need to be made. It can also remove the uncertainty and guilt that other people can feel when they have to make important decisions on someone else's behalf.
Contact Your Estate Ally®
Planning for your future health care is an important part of your estate plan. It is not something to be avoided. Peace comes with being prepared. At Your Estate Ally®, Sheri will walk you through the steps of a health care directive and all other components of an estate plan that suit your needs and wants. Contact Sheri at to schedule a Complimentary 30 minute consultation today.
