Missouri Revised Statutes

Mo. Rev. Stat. § 404.805 (2026)

Definitions

✓ current as of May 2026
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  404.805.  Definitions. — 1.  As used in sections 404.800 to 404.865, the following terms mean:

  (1)  "Certification", a written instrument or a written entry in a medical record;

  (2)  "Incapacitated", a person who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness or disease is likely to occur;

  (3)  "Patient", the principal of a durable power of attorney for health care under sections 404.800 to 404.865.

  2.  The definitions of section 404.703 shall apply to sections 404.800 to 404.865 except as modified by this section.

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(L. 1991 S.B. 148)

Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: Ridley-McKinney v. Shoemaker, 405 S.W.3d 602 (Mo. Ct. App. 2013).
Ridley-McKinney v. Shoemaker, 405 S.W.3d 602 (Mo. Ct. App. 2013). · cites it 3× “Section 404.805(2), RSMo 2000, defines "incapacitated” as "a person who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he lacks capacity to meet essential requirements for food,…”
— Mo. Rev. Stat. § 404.805(2) — 1 case
Ridley-McKinney v. Shoemaker, 405 S.W.3d 602 (Mo. Ct. App. 2013). “Section 404.805(2), RSMo 2000, defines "incapacitated” as "a person who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he lacks capacity to meet essential requirements for food,…”
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