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Putting It In Writing First

Mo. Rev. Stat. § 459.015 — a declaration, and two witnesses unless it is handwritten

In Missouri, a competent person may make a declaration directing the withholding or withdrawal of death-prolonging procedures. It must be in writing, signed by the declarant or by another person at their direction and in their presence, and dated.

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Witnesses, unless it is in the declarant's own hand. If it is not wholly in the declarant's handwriting, it is signed in the presence of two or more witnesses at least eighteen years of age, neither of whom may be the person who signed it for the declarant. It is the declarant's responsibility to notify their attending physician of it.

A durable power of attorney. A power of attorney is durable only if it is called a durable power of attorney, contains the language the section sets out, and is subscribed, dated and acknowledged in the manner prescribed for conveyances of real estate.

The assumptionWhat the law actually does
The assumptionA handwritten declaration still needs witnessesWhat the law actually doesNot if it is wholly in the declarant's handwriting
The assumptionAny power of attorney survives incapacityWhat the law actually doesOnly one that meets the durable power of attorney requirements

Who decides when nothing was signed, how a directive is revoked, and the forms a state publishes are not all on this page. Whether a particular document was executed properly is a question for a licensed Missouri attorney.

Sources for this section (2)
  1. Mo. Rev. Stat. § 459.015 — Declaration: who may execute, requirements, witnesses
  2. Mo. Rev. Stat. § 404.705 — Durable power of attorney: requirements and effect

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.

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