Current through 2024 Regular Session legislation
Section 127.707 - Execution of declaration; witnesses(1) A declaration is effective only if it is signed by the principal and: (a) Signed by two competent adult witnesses; or(b) Notarized by a notary public.(2) If a declaration is validated under subsection (1)(a) of this section, each witness must:(a) Witness the principal signing the declaration or acknowledging the signature of the principal on the declaration.(b) Attest that the principal:(A) Is known to the witness;(B) Signed or acknowledged the declaration in the presence of the witness; and(C) Appeared to be of sound mind and not under duress, fraud or undue influence.(3) None of the following may serve as a witness to the signing or acknowledgment of a declaration: (a) The principal's attending physician, provider or health care provider or a relative of the principal's attending physician, provider or health care provider;(b) An owner, operator or relative of an owner or operator of a health care facility in which the principal is a patient or resident;(c) A person related to the principal by blood, marriage or adoption; or(d) A person appointed as attorney-in-fact or alternative attorney-in-fact by the declaration.Amended by 2023 Ch. 11, § 3, eff. 1/1/2024.