Durable Power of Attorney for Health Care Decisions

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A Durable Power of Attorney for Health Care Decisions is a document which allows an individual to avoid costly and time consuming guardianship proceedings in the probate court in the event of incapacitation or disability. Such document must be created and signed prior to incapacitation or disability and will remain effective and valid during such period. Such document and the authority granted within terminates upon the death of the Principal. The Missouri Durable Power of Attorney for Health Care Act is set forth in Chapter 404.800 of the Missouri Revised Statutes.

In a Durable Power of Attorney for Health Care Decisions the Principal grants to the Attorney in Fact legal authority to manage the Principal's health care affairs in the event of and during the Principal's incapacitation or disability. The authority granted to the Attorney in Fact normally includes all legal rights and powers the Principal would be able to exercise as a competent individual, including the authority to employ health care professionals, consent to medical treatments, consent to the administration of drugs and procedures, review the medical file, sign documentation, and in general manage all health care matters.

A Durable Power of Attorney for Health Care Decisions is a critical component of any individual's estate plan. Without such document in place should an individual become incapacitated or disabled then such individual's family or loved ones would be required to petition the local probate court and institute a formal court proceeding known as guardianship.

A guardianship proceeding is costly and continues as long as the individual remains incapacitated or disabled. It is a court supervised proceeding. In addition, the services of an Attorney are required, which can be very expensive. You may easily avoid such unnecessary proceeding by creating a Durable Power of Attorney for Health Care Decisions while you are competent.

To create a Durable Power of Attorney for Health Care Decisions please review and complete the Request Form found on this website. The document drafted and provided to you will incorporate the provisions of the Missouri Durable Power of Attorney for Health Care Act and will consist of nine (9) pages which thoroughly address all health care matters. If you have any questions please feel free to email us at manager@missouridurablepowerofattorney.com. There is no charge for our answers to your questions.