Missouri Living Will Requirements
Based on Missouri Revised Statutes Chapter 459, §459.010 et seq. (Declarations Act)
Quick Summary
- Document type: Declaration (Living Will)
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Missouri requires 2 witnesses who are present when you sign your declaration (living will). Witnesses have the following restrictions:
Witness restrictions:
- Witnesses must be at least eighteen years of age
- A witness cannot be the person who signed the declaration on behalf of and at the direction of the declarant
- A witness should not be related to the declarant by blood or marriage
- A witness should not be entitled to any portion of the estate of the declarant upon death
When Your Living Will Takes Effect
Your Missouri living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable or irreversible condition which, in the opinion of the attending physician, is such that death will occur within a short time regardless of the application of medical procedures.
Persistent Vegetative State
Missouri's Declarations Act does not separately define persistent vegetative state. A broader advance directive beyond the living will statute may be needed to address withdrawal of artificially supplied nutrition, hydration, or other treatment that may maintain a patient in a persistent vegetative state.
Irreversible Condition
An irreversible condition is encompassed within the terminal condition definition as a condition that cannot be cured or reversed and from which death will occur within a short time, in the opinion of the attending physician.
Important Notes for Missouri
- Missouri follows the Declarations Act (Missouri Revised Statutes Chapter 459, §459.010 et seq.)
- A declaration directing the withholding or withdrawal of death-prolonging procedures may be executed by any competent person
- A declaration must be in writing, signed by the declarant (or by another at the declarant's direction), and dated
- If the declaration is not wholly in the declarant's handwriting, it must be signed in the presence of two or more witnesses
- A wholly handwritten (holographic) declaration is valid without witnesses
- A "death-prolonging procedure" is any medical intervention that would serve only to prolong artificially the dying process; it does not include medication for comfort, pain relief, or the provision of nutrition and hydration
- It is the responsibility of the declarant to provide for notification to the attending physician of the existence of the declaration
- A declaration may be revoked at any time by the declarant by destruction, written revocation, or verbal expression of intent to revoke
- Missouri law specifically excludes nutrition and hydration from the definition of "death-prolonging procedure" in the basic Declarations Act
- Missouri also provides an advance directive form under §459.016 on the Department of Health and Senior Services website
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.