Missouri Revised Statutes
Chapter 459 - Declarations, Life Support
Section 459.035 - Declarant presumed to be competent.

Effective - 28 Aug 1985
459.035. Declarant presumed to be competent. — For the purpose of sections 459.010 to 459.055, a physician or medical care facility may presume in the absence of actual notice to the contrary that an individual who executed a declaration was competent when it was executed. The fact of an individual having executed a declaration shall not be considered as an indication of a declarant's mental incapacity. Advanced age of itself shall not be a bar to a determination of capacity.
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(L. 1985 S.B. 51 § 6)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXI - Trusts and Estates of Decedents and Persons Under Disability

Chapter 459 - Declarations, Life Support

Section 459.010 - Definitions.

Section 459.015 - Declaration, who may execute requirements of declaration — form — witnesses required, when — notice to physician — filed — where.

Section 459.020 - Revocation — mental or physical condition not considered part of medical records — liability for failure to act, when.

Section 459.025 - Declaration operative, when.

Section 459.030 - Physician or health facility unwilling to comply to transfer declarant.

Section 459.035 - Declarant presumed to be competent.

Section 459.040 - Physicians not liable, when.

Section 459.045 - Unprofessional conduct by physician, when — inheritance rights forfeited, when — destroying or forging declaration — penalties.

Section 459.050 - Life insurance, declaration not to affect.

Section 459.055 - Purposes of declaration.

Section 459.250 - Registry established — definitions — submission of documents by adult declarant — confidentiality — third-party to operate registry — rulemaking authority.