When a person signs a power of attorney, he, as the principal, appoints an agent to act on his behalf. If a power of attorney is "durable," the agent is authorized to act when the principal becomes mentally or physically incapacitated. In Missouri, a principal can sign a durable power of attorney for health care, allowing the agent to make medical decisions on the principal's behalf.
Agents
A principal may appoint almost anyone to serve as his agent for a durable power of attorney for health care in Missouri. The agent must be at least 18 years old and is usually a trusted relative or friend. An agent does not have to be a lawyer, but a principal can appoint his lawyer if he wishes.
Disqualified Individuals
For a health care power of attorney, certain individuals are disqualified from being appointed as an agent. For example, the principal's doctor and anyone employed in the doctor's office are disqualified. Additionally, if the principal resides in a nursing home or other health care facility, no employees can serve as an agent.
Incapacity
An agent can make health care decisions on a principal's behalf only if the principal is unable to make them for himself. This means that the principal is incapacitated. In Missouri, two doctors must agree that there is incapacity. However, a principal can set forth in his power of attorney that only one doctor is required to declare incapacity.
Limits
While an agent can make decisions regarding treatment, he cannot authorize the discontinuation of artificial nutrition and hydration via feeding tube and IV, unless this is expressly set forth in the health care power of attorney.
Directives
It is very important for the principal to complete a Health Care Directive in addition to the power of attorney. While it is not required, the directive sets forth the treatments or life-sustaining procedures that the principal does or does not want. If there is a directive, the agent must approve or deny treatment according to the principal's wishes, regardless of his own feelings.
Requirements
A health care power of attorney is only valid in Missouri if the principal signed it in front of a notary, who notarized and signed the document as well. In addition, the signing must also take place in the presence of two witnesses.
Revocation
A durable power of attorney for health care is automatically revoked when a principal signs a new power of attorney. In addition, a principal can revoke his agent's power at any time prior to becoming incapacitated. Revocation can be oral or in writing, but it always better to have it in writing. Lastly, the principal's death terminates a durable power of attorney.
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