§9.22 Standard of Proof

• Library: Elder Law Deskbook (2023 Ed.)

2. (§9.22) Standard of Proof

“The petitioner has the burden of proving incapacity, partial incapacity, disability, or partial disability by clear and convincing evidence.” Section 475.075.9, RSMo Supp. 2020. “Clear and convincing evidence is evidence ‘which clearly convinces the fact finder of the truth of the proposition to be proved.’” In re Moore, 885 S.W.2d 722, 728 (Mo. App. W.D. 1994). “The clear and convincing standard as defined by Missouri Courts of Appeals ‘refers to evidence which instantly tilts the scales in the affirmative...