Durable Power of Attorney for Health Care in Missouri

A health care power of attorney names the person (your “agent”) who makes medical decisions for you if you become unable to make them yourself. It keeps those decisions with someone you trust instead of leaving them to a court.

How It Works in Missouri

• Signing. Missouri’s Durable Power of Attorney for Health Care Act requires the document to be durable and acknowledged before a notary (RSMo 404.705).
• When it takes effect. By default, your agent’s authority begins once two physicians certify that you are incapacitated (RSMo 404.825). Your document can change this, but at least one physician’s certification is always required.
• Decision standard. Your agent makes the decisions you could make, considering your diagnosis, prognosis and the benefits and burdens of treatment.
• Revocation. You can revoke it at any time, in any way that communicates your intent.

Important Choices to Make

• Artificial nutrition and hydration. Your agent can only decide to withhold or withdraw tube feeding if the document specifically grants that authority (RSMo 404.820).
• Backup agents. Naming a successor protects you if your first choice is unavailable.
• Who can’t serve. Your attending physician, or an employee or operator of a facility where you live, generally cannot serve unless they are a close relative.

Pair It With Your Other Healthcare Documents

Your agent works best with a living will to guide decisions and a HIPAA release to access your records.