The Limitations and Alternatives of Missouri Living Wills (part 1 of 2)

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A living will is a legal statement or declaration that a person can make signifying his or her desire to withhold or withdraw certain types of medical treatment under a number of circumstances. Missouri living wills also function in the same way.

Any competent resident of Missouri who is 18 years or older can draft a living will by affixing his or her signature and the exact date to the declaration. This must be done in the presence of two qualified witnesses. A witness must be at least 18 years of age and should not have nay relation to the creator of the living will. He or she should not be a beneficiary of or monetarily responsible for the health care of the creator.

The making of a living will or other forms of advance directives is highly recommended since it prepares a person for that grim possibility of incapacitation. Plus, it provides an excellent opportunity to formulate health care decisions with much thought and free of pressure.

The Limitations of Missouri Living Wills

While most folks have heard about living wills, not all are actually aware of the substantial limitations of the document as defined by the laws of Missouri. The terms "terminal condition" or "death-prolonging procedure" are utilized in the statute to indicate the circumstances to which the declaration applies.

The law defines these terms with reference to a condition wherein death is about to happen whether certain treatments are given or not. In other words, the patient is expected to pass away within a short period of time with or without resuscitation, mechanical ventilator, artificial nutrition/hydration, and/or surgical procedure.

By definition, a living will only steers clear of treatment when the prospect of death is unquestionable and the medications or procedures are ineffective in preventing or significantly postponing death. In addition, the statute forbids a living will from withdrawing or withholding artificial nutrition or hydration – which is nourishment supplied through an intravenous line or feeding tube.