404.820. Withdrawing or withholding treatment, specific authority required--restrictions. - Missouri Statutes

Withdrawing or withholding treatment, specific authorityrequired--restrictions.

404.820. 1. If a patient wishes to confer on an attorneyin fact the authority to direct a health care provider towithhold or withdraw artificially supplied nutrition andhydration, the patient shall specifically grant such authority inthe power of attorney. This limitation shall not be construed torequire that artificially supplied nutrition and hydration becontinued when, in the medical judgment of the attendingphysician, the patient cannot tolerate it.

2. Notwithstanding any other provision of sections 404.800to 404.865 to the contrary, no attorney in fact may, with theintent of causing the death of the patient, authorize thewithdrawal of nutrition or hydration which the patient may ingestthrough natural means.

3. Attorneys in fact shall consider appropriate measures inaccord with current standards of medical practice to providecomfort to the patient.

4. Before an attorney in fact or physician may authorizethe withdrawal of nutrition or hydration which the patient mayingest through artificial means, the physician must:

(1) Attempt to explain to the patient the intention towithdraw nutrition and hydration and the consequences for thepatient and to provide the opportunity for the patient to refusethe withdrawal of nutrition and hydration; or

(2) Insert in the patient's file a certification that thepatient is comatose or consistently in a condition which makes itimpossible for the patient to understand the intention towithdraw nutrition and hydration and the consequences to thepatient.

(L. 1991 S.B. 148)