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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