Missouri Healthcare Power of Attorney

A Missouri Healthcare Power of Attorney (HPOA) is a legal document that allows an individual (the principal) to designate another person (the agent or attorney-in-fact) to make medical decisions on their behalf should they become incapacitated and unable to make those decisions themselves. This document is essential for ensuring that someone trusted can oversee your healthcare according to your preferences when you’re not able to do so.

Key Aspects of a Missouri Healthcare Power of Attorney

Decision-Making Authority

The agent is given the authority to make a wide range of health-related decisions. This includes the ability to consent to or refuse medical treatment, access medical records, and make decisions about life-sustaining treatment, among other responsibilities.

Activation

The HPOA becomes effective when the principal is determined to be unable to make their own healthcare decisions. Typically, this determination is made by the principal’s attending physician and possibly a second physician, who assess whether the principal lacks the capacity to make informed healthcare decisions.

Choice of Agent

The principal should choose an agent who is trustworthy and understands the principal’s wishes and values. The agent should also be willing and able to act on the principal’s behalf under potentially stressful conditions.

Scope of Authority

The principal can specify what medical decisions the agent can make. These can range broadly or be very specific, depending on the principal’s preferences.

Living Will Coordination

Often, a Healthcare Power of Attorney is accompanied by a living will (also known as an advance directive), which provides specific instructions on what types of life-sustaining treatments the principal would or would not want if they become terminally ill or permanently unconscious. The agent must adhere to these instructions when making decisions.

Legality and Formalities

To be valid, the HPOA must be properly signed and witnessed according to Missouri law. Typically, this involves the principal’s signature, a notarization, and potentially witnesses who are not the designated agent.

Revocation

The principal can revoke the HPOA at any time as long as they are mentally competent. Revocation can be done orally or in writing.

 

Practical Considerations

 

Choosing an Agent

It’s crucial that the agent understands the principal’s desires regarding medical treatments, including end-of-life care. Open discussions about healthcare preferences, values, and religious beliefs are essential.

Accessibility

The document should be readily accessible to the appointed agent and shared with the principal’s physician to be included in the medical records.

Review and Update

Like other estate planning documents, it’s wise to review and update the HPOA periodically, especially after major life changes like marriage, divorce, the birth of a child, or a significant change in health status.

Conclusion

A Healthcare Power of Attorney is a vital component of healthcare planning, ensuring that medical decisions can be made according to the principal’s wishes even if they’re incapacitated. If you’re considering creating an HPOA, it’s advisable to consult with a legal professional who practices estate planning or elder law to ensure that the document is correctly drafted and aligns with your intentions and legal requirements.

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