Incapability of indicating intent

  1. An individual is considered incapable of stating intent if the individual has an I.Q. of 49 or less or has a mental age of 7 or less, based on test acceptable to the mental retardation agency in the State OR
  2. An individual is considered incapable of stating intent if the individual is judged legally incompetent, OR
  3. An individual is considered incapable of stating intent if the individual is found incapable of stating intent based on medical documentation obtained from a physician, psychologist, or other person licensed by the State in the field of mental retardation/mental health