Incapability of indicating intent
- 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
- An individual is considered incapable of stating intent if the individual is judged legally incompetent, OR
- 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