How to Use Missouri’s Living Will Laws in Estate Planning
Understanding Missouri's living will laws can be a crucial component of effective estate planning. A living will is a legal document that outlines your wishes regarding medical treatment in the event you become unable to communicate your preferences. By incorporating a living will into your estate plan, you can ensure that your healthcare desires are respected. Below are some key steps and considerations for using Missouri’s living will laws in estate planning.
1. Familiarize Yourself with Missouri's Laws
Missouri law defines a living will as a declaration made by an individual regarding their preferences for medical care. According to the Missouri Revised Statutes, a living will goes into effect when the individual is unable to make decisions about their medical treatment. Understanding the specific legal language and requirements in Missouri is vital. You can find this information through the Missouri Department of Health and Senior Services or consult an estate planning attorney.
2. Determine Your Healthcare Preferences
Before drafting a living will, take time to reflect on your healthcare preferences. Consider scenarios where you may require life-sustaining treatments, and think about whether you would want to receive such treatments in certain situations. Common considerations include the use of ventilators, feeding tubes, and resuscitation efforts. Your preferences should be clear and unambiguous to guide your healthcare providers.
3. Drafting Your Living Will
When drafting a living will in Missouri, ensure that you follow the legal requirements for the document to be valid. It should be signed and dated by you when you are of sound mind. Additionally, having the document witnessed by two disinterested individuals—or notarizing the document—can help solidify its legal standing. Various online resources and templates can assist you in creating a living will, but consulting with a lawyer is advisable to ensure compliance with state laws.
4. Discuss Your Wishes with Family and Healthcare Providers
Once your living will is drafted, discuss your wishes with your family and healthcare providers. Communication is crucial in ensuring that your loved ones understand your choices and respect your preferences. Having these discussions can prevent conflicts and confusion during critical moments when decisions need to be made.
5. Store Your Living Will Safely
After preparing your living will, keep it in a safe and accessible location. Provide copies to your healthcare proxy, family members, and your primary healthcare provider. You should also consider keeping a digital copy on a secure cloud service. Inform everyone involved where they can find the document in case it is needed in the future.
6. Review and Update Regularly
Your healthcare preferences may change over time due to shifts in your health status, age, or personal beliefs. Regularly review your living will and update it as necessary. It’s a good practice to evaluate your estate planning documents every few years or after significant life events, such as marriage, divorce, or the birth of a child.
7. Consult an Estate Planning Attorney
Estate planning can be complex, and Missouri’s living will laws have specific stipulations you should understand. Consulting an estate planning attorney can help ensure that your living will is valid and effectively reflects your wishes. An attorney can also assist with other estate planning documents, such as a durable power of attorney and a last will and testament, to create a comprehensive plan.
In summary, using Missouri’s living will laws in your estate planning allows you to express your healthcare preferences clearly and legally. By taking these steps, you can give yourself peace of mind knowing your wishes will be honored in the event of a medical crisis.