Académique Documents
Professionnel Documents
Culture Documents
Choices
Make important decisions
now about your end-of-life
needs. Your loved ones
will not have to make
those decisions for you
if you become impaired.
Forms are included to
communicate your wishes.
With knowledge
comes choices
5
Communicating
about the end of life
CHAPTER 1
Name_____________________________________________ Date__________________
Completing this work sheet will give you a framework for thinking about what you want at
the end of life. Your agent may refer to this work sheet if you become unable to speak for
yourself. Use more paper if you need more space. Please note, this is not a legal document
and does not have to be filled out to complete your advanced directives.
__________________________________________________________________________
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What do you need most for your physical or mental well-being? Being outdoors? Listening
to music? Being aware of your surroundings and who is with you? How important are
seeing, tasting and touching to you?
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Are you spiritual or religious? Would you like a member of the clergy to be with you when
you are dying?
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How would you like to be remembered? What kind of person have you tried to be? Which
accomplishments are you most proud of?
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Are there cultural or ethnic beliefs and practices that are important to you?
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What would you like to tell your loved ones before you die?
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Sedation may be necessary to control pain that may accompany the end of life. Would you
want to be sedated even if it makes you drowsy or puts you to sleep much of the time?
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What would you like the last week of your life to be like? Who will be there? Where will you
be? What will you eat if you can eat? What would you like your last words or acts to be?
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How do you envision your memorial service or funeral? What songs would you like? Which
readings? Who would you like to participate?
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Would you like to write a letter or make a taped message for your loved ones to open at a
future time? Who should receive the letter or tape?
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I, _____________________________________________, _________________________,
Name Social Security number
appoint
___________________________________________, _____________________________,
Name Phone
__________________________________________________________________________
Address
as my agent for health care choices when I am unable to make decisions or communicate my
wishes. In the case the person above cannot serve as my agent, or if I am divorced from or
legally separated from the agent above, I appoint the person below:
___________________________________________, _____________________________,
Name Phone
__________________________________________________________________________
Address
This alternate agent may make health care decisions for me when I am unable to do so or to
communicate my wishes.
This durable power of attorney becomes effective when two physicians certify that I am
incapacitated and unable to make and communicate health care choices.
You may choose to have one physician, instead of two, determine whether
you are incapacitated. If you want to exercise this option allowing one
physician to determine whether you are incapacitated initial here.
By completing this durable power of attorney, I authorize my agent to make all decisions for
me regarding my health care. This includes the power to withdraw any type of health care,
treatment or procedure, even if I may die in the process. I expect my agent to follow my
health care choices directive. My agent has the power to:
Consent, refuse or withdraw consent to artificially supplied nutrition and hydration.
Make all necessary arrangements for health care on my behalf. This includes admitting
me to any hospital, psychiatric treatment facility, hospice, nursing home or other health
care facility.
Hire or fire health care personnel on my behalf.
Request, receive and review my medical and hospital records.
Take legal action if necessary to do what I have directed.
Carry out my wishes regarding autopsy and organ donation, and decide what should be
done with my body.
My agent under this durable power of attorney will not incur any personal financial liability.
The agent also should not be compensated for services performed for me. However, the
agent shall be reimbursed for reasonable expenses that are part of my care.
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
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__________________________________________________________________________
Optional: Describe what you consider an acceptable quality of life. For example, being able
to recognize my loved ones, make decisions, communicate or feed yourself.
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Attach extra pages if necessary. Sign and date the attached pages.
Make sure to talk about this directive and your wishes with your agent, your doctors,
family, friends and clergy. Give each of them a copy of the directive. Bring a copy with
you when you go to a hospital or other health care facility. Keep the original with your
important papers.
As I have executed the health care choices directive and durable power of attorney for
health care choices, I trust and encourage my agent to:
First, follow my wishes as expressed in the directive or otherwise from knowledge about
me or having had discussions with me about making choices regarding life-prolonging
medical treatment.
Second, if my agent does not know my wishes for a specific decision, but my agent has
evidence of what I might want, my agent can try to figure out how I would decide. This
is called substituted judgment and requires my agent imagining himself or herself in my
position. My agent should consider my values, religious beliefs, past choices and past
statements I have made. The aim is to choose as I probably would choose, even if it is not
what my agent would choose for himself or herself.
Third, if my agent has very little or no knowledge of what I would want, then my agent
and the doctors will have to make a decision based on what a reasonable person in the
same situation would decide. This is called making decisions in my best interest. I have
confidence in my agents ability to make decisions in my best interest if my agent does
not have enough information to follow my preferences or use substituted judgment, and if
this is the case, I authorize my agent to make decisions that might even be contrary to my
directive in his or her best judgment.
Finally, if the durable power of attorney for health care choices is determined to be
ineffective, or if my agent is unable to serve, the health care choices directive is intended
to be used on its own as firm instructions to my health care providers regarding life-
prolonging procedures.
Sign this form before two witnesses who are not related to you or financially connected to your estate.
Signature _____________________________________________________________________________
Address ______________________________________________________________________________
The person who signed this document is of sound mind and voluntarily signed this document
in our presence. Each of the undersigned witnesses is at least 18 years of age.
___________________________________ _____________________________________
Notarization required
STATE OF MISSOURI )
) SS
COUNTY OF _____________________ )
_______________________________________
Notary publics signature
CHAPTER 2
PAGE 26 Wills
26 Self-proving clause
27 Personal representative
27 Who receives your estate
27 Living trusts
27 Non-probate transfers
28 Real estate transfers
28 Power of attorney
29 Durable power of attorney
29 Personal custodian
29 Guardianship and conservatorship
25
Financial
considerations
Wills
Creating a will allows you to plan Seeking legal help
for your familys care and decide Information contained in this
who will receive your estate after chapter is not intended to replace
you die. advice from a private lawyer.
Legal advice is recommended
Your estate includes all property
for preparation of the documents
and cash assets owned at the described.
time of death. This includes bank If you need to find a lawyer in
accounts, land, furniture, buildings, your area, you can contact the
cars, stocks and bonds, proceeds of Missouri Bar Lawyer Referral
life insurance payable to the estate, Service (there is a fee):
and pension plan benefits payable Jefferson City: 573-636-3635
to ones estate. St. Louis: 314-621-6681
By creating a will, you can lessen Kansas City: 816-221-9472
Greene County: 417-831-2783
the taxes that may be included in
the transfer of your estate. A will
also gives guidance to the probate
court on the distribution of property distant relatives.
and payment of debts. In the rare case that no relatives
In a will, you can name a can be found, your estate becomes
guardian for your minor children, state property.
thus providing a means for caring Anyone who is 18 years old and
for the children without court of sound mind may make a will in
involvement. You also can set up Missouri. To be valid in Missouri, a
a trust for your family. If you die will must be in writing and signed
without a will, the property you by the maker and two witnesses.
owned as an individual will go to The witnesses cannot receive
your close relatives and sometimes property under the will.
SELF-PROVING CLAUSE
One option that can speed up the probate process is to add what is called
a self-proving clause. You will need to have two witnesses sign your will in
front of a notary. Sometimes witnesses to a will have died or are hard to
locate, which delays probate. By adding this section, your will becomes self-
proving, which means witnesses do not need to appear in probate court.
Your personal representative
FINANCIAL CONSIDERATIONS 27
required for the owner to mortgage owners name must be on the
or sell the property. Because these deed. If one of the names on
designations do not describe the title is of someone who has
in detail the order in which the died, the name will have to
property will be passed among the be removed before a sale can
intended beneficiaries, they are not proceed. An attorney can help
intended to be substitutes for a will. with this.
Personal custodian
Another way to allow someone
to take care of your personal
business is to name a personal
custodian. The Missouri personal
custodian law gives you the means
to transfer care of your personal
property and real estate to another
person. You still own the property,
but the custodian manages it.
The personal custodianship
remains in effect if you become
incapacitated.
You will need to consult an
attorney to set up a personal
custodianship.
FINANCIAL CONSIDERATIONS 29
When your
loved one dies
CHAPTER 3
Amend Consent: You may amend your registry record by going to www.missouriorgandonor.com (Update My Profile) or by completing a paper
Enrollment Application (http://health.mo.gov/living/organdonor/pdf/enrollment_application.pdf). If completing a paper enrollment, please
complete and submit as instructed on the form.
Revocation: You may withdraw or revoke your consent to be listed on the registry. This action does not mean a refusal to make an anatomical gift.
Other authorized persons may make such a gift for you unless you take steps to prevent them from doing so. To revoke you must complete a
Removal Application available at http://health.mo.gov/living/organdonor/pdf/removal_form.pdf, or call 888-497-4564. Print, sign and mail or fax
the form using the information provided at the bottom of form.
Refusal: If you refuse to make an anatomical gift and want to bar others from doing so on your behalf, you may execute a refusal by completing
one of the steps below. Be sure to provide copies of your documentation to family, friends, or others who may be making end-of-life decisions for
you. This information will not be included in the registry or be maintained by the Department of Health and Senior Services.
A record or writing signed by you.
A will.
A record or writing signed by another person at your direction, if you are physically unable to sign, and witnessed by at least two adults, one
being a disinterested witness, who sign at your request and attest to such act.
A communication made by you in any form during your terminal illness or injury, addressed to at least two adults, one of whom is a
disinterested witness.
Questions: Answers to general donation questions can be found at: www.missouriorgandonor.com. If you have questions about procedures
related to transplants or donation, please contact one of the following agencies:
Midwest Transplant Network Mid-America Transplant Saving Sight
(http://www.mwtn.org/) (http://www.midamericatransplant.org/) (https://saving-sight.org/)
www.health.mo.gov
________________________________________________________
INITIAL THE APPROPRIATE CATEGORY
___ I affirm that I am age 18 or over and am able to give full legal consent to organ/tissue donation.
___ I affirm that I am under the age of 18, an emancipated minor and able to give full legal consent to organ/tissue donation.
___ I affirm that I am under the age of 18 but at least 16, I am not emancipated and therefore providing contact information for my parents/guardians below.
___ I am the parent/guardian of the child being enrolled in the registry. My relationship to the child is: ________________________________
I affirm that I am the person named above and the information provided is true and correct. I understand my registration serves as my document of gift, my gift does
not require the consent of another person, I may remove my name at any time, and I may revoke a part or all of my decision to gift.
SIGNATURE (Required of applicant or parent if enrolling a child.) ENROLLMENT DATE
PHONE NUMBER
CHAPTER 4
39
Resources
Special recognition;
Where to find more information
Thank you to the Missouri End-of-Life Coalition for assistance with
the creation of this brochure. More information is available in several
publications and Web sites including:
Senior Citizens Handbook, Laws and Programs Affecting Senior Citizens
in Missouri: Legal Services of Eastern Missouri, St. Louis.
314-534-4200. www.lsem.org.
Durable Power of Attorney for Health Care Choices and Health Care
Choices Directive: Community Alliance for Compassionate Care,
Springfield, Mo. 417-865-4501. www.missouriendoflife.com.
Planning for Health Care Decision Making: Turnbull Law Office,
Jefferson City, Mo. 573-634-2910.
AARP: www.aarp.org
Aging with Dignity: www.agingwithdignity.org
Center for Practical Bioethics: www.practicalbioethics.org
Childrens Hospice International: www.chionline.org
Missouri End-of-Life Coalition: www.mo-endoflife.org
Missouri Bar Association: www.mobar.org
Missouri Department of Health and Senior Services: www.dhss.mo.gov
Missouri Hospice and Palliative Care Association: www.mohospice.org
Missouri Revised Statutes: www.moga.mo.gov
National Center on Elder Abuse: www.ncea.aoa.gov
National Hospice and Palliative Care Organization: www.caringinfo.org
WidowNet: www.WidowNet.org
RESOURCES 41
or withdraw medical treatment person in regard to financial or
under certain circumstances when a business affairs.
person is near death. Probate court: A court that has
Organ donation: The giving of jurisdiction over wills and
ones organs, tissue or eyes to an distribution of property and assets
organization that in turn provides of people who are deceased.
the organs to individuals who need Respirator/ventilator: A machine
a transplant. that moves air in and out of the
Outside the hospital do-not-resuscitate lungs for a person who is unable to
(OHDNR) order: Document that breathe naturally.
allows an individual and his or
Right of sepulcher: The right to
her doctor to instruct emergency
determine what is done with a
responders not to attempt life-
persons body after death.
saving treatment if the individuals
heart stops or the individual stops Self-proving will: A will signed by
breathing. two witnesses and notarized that
includes specific wording defined
Personal custodian: A person
by state law.
designated by another individual
to care for his or her personal Will: A document stating how a
property and real estate even if person wants his or her property
the individual who granted this and cash assets distributed and who
authority becomes incapacitated. should be the guardian of his or her
Personal representative for will: minor children upon the persons
A person named in a will to death.
administer the estate of the maker
of the will.
Power of attorney: A document
stating an individual has the
authority to act on behalf of another