1015.000.00 Residence (OAA, PTD, and AB)

1015.010.05 Ability to Declare Intent

IM-120 November 18, 2021; IM-32 March 28, 2012

An applicant/participant will be considered incapable of declaring intent if the applicant/participant:

  1. has an I.Q. of 49 or less or has a mental age of 7 or less, based on tests acceptable to the Central Office of Medical Review Unit (COMRU);
  2. is judged legally incompetent; or
  3. is found incapable of indicating intent based upon medical documentation obtained from a physician, psychologist, or other person licensed by the State in the field of intellectual disabilities.

NOTE: A separate medical evaluation or legal opinion is not necessary if this can be determined from medical information or copies of legal documents already maintained in the case record.