Section 9.52 Form, Execution, and Notification

• Library: Trusts and Powers 2013 Supp

E. (§9.52) Form, Execution, and Notification

A living will declaration may only be executed by a competent person, § 459.015.1, RSMo 2000, defined in § 459.010(2), RSMo 2000, as a person of sound mind who is at least 18 years of age and “able to receive and evaluate information and to communicate a decision.” Although the law refers to incapacity and capacity in § 459.035, RSMo 2000, competency is the sole test for determining who may execute a declaration. The reference to incapacity in § 459.035 does not seem to be directed in any way toward determining...