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Estate Planning · Health care directives

Your treatment wishes in writing, and the person who speaks for you.

Two documents do this in Missouri: a durable power of attorney for health care, which names your agent, and a health care directive, which records what you want. We draft both, plus the HIPAA authorization that lets your family talk to your doctors.

The three documents

  • Durable power of attorney for health care. Names the person who makes medical decisions if you can't, and an alternate. Signed before a notary.
  • Health care directive (living will). Your written instructions about life-prolonging treatment, comfort care, and what you do and don't want. Missouri requires two adult witnesses (RSMo 459.015). We use witnesses and a notary on both documents, which is also what the Missouri Bar's public form does, so no hospital has a reason to hesitate.
  • HIPAA authorization. Without it, privacy law can keep a hospital from telling your children what's happening. With it, the people you name can get information and ask questions.
Included in every plan

What you leave with

  • Signed originals of all three documents
  • Copies for your agent, your doctor and your hospital's records
  • A wallet card with your agent's name and our number, for the emergency room
  • A plain-English summary so your family knows what you decided and why

Available on their own for a flat fee, or as part of every estate plan.

What to decide, and what to tell your agent

The document records the decisions. The conversation makes them usable.

Who speaks for you

Someone calm under pressure who will carry out your wishes even when it's hard. Not always the nearest relative, and not two people who have to agree.

What you want

Life support if recovery is unlikely; feeding tubes; comfort care; where you'd prefer to be. The directive has plain-English choices and room for your own words.

Who gets told

The HIPAA authorization can name several people. Children, a close friend, a neighbor who checks on you.

Where it lives

Your agent needs a copy, your doctor's office should have one, and the wallet card gets the right call made at 2 a.m.

Without these documents

Missouri hospitals will usually turn to family, but the law doesn't let just anyone decide, and families don't always agree. When they can't, someone asks the probate court to appoint a guardian, which is public, slow and more expensive than any document. A signed health care power of attorney avoids it. A directive spares your family from guessing.

Bobby Afshar, attorney

Your attorney

Bobby Afshar

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How we charge

Flat fee, quoted in writing on the first call. Included in every estate plan, and available on their own.

Common questions

General information about Missouri law, not advice about your situation.

Is a health care directive the same as a DNR?

No. A do-not-resuscitate order is a medical order signed by a physician. A directive is your written instruction to your agent and your doctors about treatment generally. Many people have both; we'll explain how they fit.

I signed these in another state. Do they work here?

Often they'll be honored, but Missouri hospitals are most comfortable with Missouri forms signed the Missouri way. The Move-In Review replaces them if needed.

Can my agent override my directive?

Your agent is supposed to follow it. The directive is the instruction; the agent is the person who makes sure it's carried out and handles what the directive doesn't cover.

Can I change my mind?

Yes, at any time you have capacity. Sign new documents and tell your agent and your doctor. We keep the Maintenance Plan review for exactly this.

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Decide it now, while it's yours to decide.

A free 15-minute call to get started.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.This disclosure is required by rule of the Supreme Court of Missouri. Contacting the firm does not create an attorney-client relationship, and information on this site is general, not legal advice.
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