What would happen today if you were suddenly incapacitated and unable to make important medical decisions for yourself? A living will is a legal document that sets forth the medical treatment preferences you would want carried out in the unfortunate event that you are not physically able to communicate. Continue reading to learn more about the pros and cons of a living will in Missouri.
Understanding a Living Will in Missouri
A living will should not be confused with a last will and testament, which is a legal document made to provide directions on how to distribute one’s property after their death. A living will, rather, provides directions on how to proceed with one’s medical treatment while the person is still alive. The document, however, will only become effective when the person is terminal and unable to communicate for themselves.
Missouri Living Will Requirements
The Missouri Revised Statutes § 459.015, states that the following must be met in order for the declaration to be effective:
- The declarant must be competent;
- The document is in writing;
- The document is signed and dated by the declarant;
- If not written entirely in declarant’s own handwriting, then the document must be signed in the presence of two adult witnesses
Failure to comply with these requirements can make your living will invalid. It is always advised to consult with an experienced attorney in order to make sure that your Missouri living will is compliant and valid.
Pros of a Living Will
Having a living will has many advantages. In fact, many people will say it is a necessary document, especially if you have clear opinions on whether or not you would want to be placed on life support or kept alive artificially. Some pros to having a living will in Missouri include providing you with peace of mind, protection of assets, and help to your family.
Peace of Mind
It is certainly scary to think that you would not have control over what happens to your own body in the event that you could not advocate for yourself. Although you may never need to use your living will, just having it written can offer relief. It can give great comfort knowing your desires have been clearly communicated.
Protect your Estate
A living will could potentially help protect your assets. Healthcare in America is expensive, especially in end-of-life care. If you are in an accident or become ill, you could require costly treatment or procedures, whether at a hospital, nursing home, or hospice care. Without a living will to dictate your medical wishes, your family might end up financially burdened with medical bills that you would deem unwanted and unnecessary.
Help Your Family Cope
Without a living will offering direction, your loved ones might be very confused as to how to handle a situation where you’d be incapacitated. Having an ill loved one is difficult enough without having to make painful decisions. A living will can take pressure off of your family and help them stay united together.
Cons of a living will
A living will can also come with challenges. Many problems stem from poorly written documents. Another con is that it requires prior notice.
Problems in Determining the True Meaning of a Living Will
A Missouri living will must be drafted in a way that is clear, otherwise, doctors and family may argue over the true intent of the words. Additionally, there are so many scenarios that could happen that you did not plan for and if the living will is silent, problems and confusion can arise. Always check with an attorney so they can help you write a clear document.
Your Medical Team Must Know About the Living Will
Under Missouri law, it is the declarant’s responsibility to provide for notification to their doctor of the existence of the living will. As such, unless you notify your treating physician of your living will before you are incapacitated, it is just a piece of paper.
Contact Mark Harford Law for a Missouri Living Will
A living will can be an essential document to help know your intentions in an unexpected medical emergency. However, it is crucial to have a well-drafted document in order for it to have full legal effect. At Mark Harford Law, we provide unparalleled legal expertise in all estate planning needs, including Missouri living wills. We can write a living will that provides for all of your wants and needs. Contact us today to schedule a consultation with a member of our law team.