December 1973 Eligibility Requirements Manual

1015.010.05 Ability to Declare Intent

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 mental retardation agency in the State;
  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 mental retardation.

    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.