Probate/Trust Law
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*SB 398 (See also HB 220) – Uniform Trust Code. Makes a technical correction to Section 456.5-501 of the Missouri Uniform Trust Code.
Drafted by The Missouri Bar Probate & Trust Law Committee.
HB 182 – Outside the Hospital Do-Not-Resuscitate Act. Establishes the Outside the Hospital Do-Not-Resuscitate Act which allows the patient to reject cardiopulmonary resuscitation. Allows a patient or patient’s representative and the patient’s attending physician to execute an outside the hospital do-not-resuscitate order. Requires that a copy of this order must be included as the first page of a patient’s medical record. Requires the Department of Health and Senior Services must develop and approve uniform forms and personal identifiers used to alert any emergency medical technician, paramedic, first responder, or other health care provider of the existence of this order for the patient. Specifies that the outside the hospital do-not-resuscitate order will only be effective when the patient has not been admitted to or is not being treated within a hospital. Does not authorize the withholding or withdrawal of other medical interventions such as intravenous fluids, oxygen, or therapies other than cardiopulmonary resuscitation. Is not effective when a patient is pregnant or when believing in good faith that a patient is pregnant. Requires emergency medical technicians, paramedics, first responders, and other health care providers to comply with an outside the hospital do-not-resuscitate order or identifier unless the patient or patient’s representative expresses to the personnel in any manner, before or after the onset of a cardiac or respiratory arrest, the desire to be resuscitated. Requires a physician or a health care facility other than a hospital that is unwilling or unable to comply with this order to take all reasonable steps to transfer the patient to another physician or facility where the order will be followed. Exempts individuals and entities from civil or criminal liability for withholding or withdrawing resuscitation pursuant to an order or identifier as long as the actions were performed in good faith and without gross negligence.
Support concept of patient self-determination.
HB 582 – Missouri family trust. This bill changes the laws regarding the Missouri Family Trust. Trusts which have been created from funds recovered from personal injury damages or personal assets must reimburse the state and any other state, if necessary, for medical assistance provided to the beneficiary after 25% of the principal balance has been distributed to the trust.
HB 705 – Release of decedent’s information. Establishes a priority among family members for the release of any information, records, or documents regarding a person who has died. The priority includes:
(1) An attorney-in-fact under a durable power of attorney that expressly refers to the release of any or all information, records, and documents regarding the decedent;
(2) The spouse;
(3) An adult son or daughter;
(4) Either parent;
(5) An adult brother or sister;
(6) A guardian of the person of the decedent at the time of the decedent’s death;
(7) Any other person authorized or under obligation to dispose of the body.
Provides that if there is actual notice of contrary indications by the decedent or opposition by a member of the same or prior class, the information, records, and documents of the decedent shall not be released.
HB 723 – Uniform Anatomical Gift Act. (See Health/Hospital Law)