459.035. Declarant presumed to be competent.
Declarant presumed to be competent.
459.035. For the purpose of sections 459.010 to 459.055, aphysician or medical care facility may presume in the absence ofactual notice to the contrary that an individual who executed adeclaration was competent when it was executed. The fact of anindividual having executed a declaration shall not be consideredas an indication of a declarant's mental incapacity. Advancedage of itself shall not be a bar to a determination of capacity.
(L. 1985 S.B. 51 § 6)